ADM. APPEAL DOCKET NO.: DD220179RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE APPEAL
APPEAL OF DOCKET NO.: DD220179RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AK220327FR
IRVING SILVERMAN,
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 12, 1989, the above-named petitioner-landlord filed
an administrative appeal in accordance with the applicable
provisions of the City Rent Law and Regulations against an order
issued on March 8, 1989 by the Rent Administrator of the Gertz
Plaza, Jamaica, New York Rent Office, concerning the housing
accommodations known as 70 Middagh Street, Apt. 3F, Brooklyn, New
York.
The issue in this proceeding is whether Fuel Cost Adjustments
should have been suspended for the calendar year 1986.
The Rent Administrator's order appealed herein, suspended all
fuel cost adjustments for the period January 1, 1986 through
December 31, 1986.
This order was based on a finding that the landlord of the
subject building had previously obtained allowable fuel cost
adjustments and failed to timely file in 1986 the required report
of fuel cost decrease by reason of a decrease in the price of
Brooklyn Union "Non-Interruptible" Gas.
On appeal, the landlord states, in substance, that the 1986
Fuel Cost report was filed in a timely manner. In 1986 there was
a change in the Fuel Cost prices. The report was refiled as per
the DHCR. A copy of both reports were submitted on appeal.
After a careful consideration of the entire evidence of
record, the Commissioner is of the opinion that the appeal should
be granted.
ADM. APPEAL DOCKET NO.: DD220179RO
Under the provisions of 9 NYCRR 2202.12e, where a landlord has
obtained fuel cost adjustments and then there is a finding of fuel
price decrease, within 60 days of the promulgation of the finding
on fuel price, the landlord must serve and file a report of fuel
price decrease.
In early 1986 a finding was promulgated that the price of
Brooklyn Union "Non-Interrruptible" Gas had declined during 1985.
The subject landlord was required to file and serve fuel cost
decrease reports on or before May 14, 1986.
A review of the record reveals the owner filed the fuel cost
report on April 24, 1986. The Commissioner notes that a Special
Notice was mailed to owners explaining a change in six types of
heating fuel used in 1985. Owners who use Brooklyn Union "Non-
Interruptible" Gas and filed with the DHCR on or before May 14,
1986 had to file again to reflect the change. The pass-along was
extended to September 3, 1986. The refiled report was received by
the Division on July 22, 1986. Therefore, the Commissioner finds
that the Fuel Cost adjustment should not have been suspended for
the calendar year 1986.
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City it is
ORDERED, that the landlord's appeal be, and the same hereby
is, granted; that the Rent Administrator's order be, and the same
hereby is, revoked; and that the monthly cumulative fuel cost
adjustment for the subject building as of January 1, 1986 is
reinstated in the amount of $6.15 per room, per month, and it is
FURTHER ORDERED, that the tenants may pay any arrears in rent
arising as a result of this order in twelve (12) equal monthly
payments.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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