DHCR Decisions
DOCKET NO.: DD220180RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE :
APPEAL OF ADMINISTRATIVE APPEAL
: DOCKET NO. DD220180RO
DRO DOCKET NO. AK220330FR
WILFRED BAYNES, :
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 13, 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 14,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New York
Rent Office, concerning the housing accommodation known as 226 Moffat
Street, Apts. 1R, 2R, Brooklyn, New York.
The issue in this proceeding is whether the 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 upon 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 during the calendar year 1985.
On appeal, the landlord states, in substance, that on May 12, 1986, the
rent office received the fuel cost adjustment forms. On August 22,
1986 revised fuel cost form were filed due to an error in the
computations. 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 administrative appeal should be
granted.
Under the provisions of 9 NYCRR 2202.13e, where a landlord has obtained
fuel cost adjustments and than 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-Interruptible" Gas had declined during 1985. The subject
landlord was required to file and serve fuel cost decrease reports on
or before May 14, 1986.
DOCKET NO.: DD220180RO
A review of the record reveals the owner filed the required fuel cost
report on May 12, 1986. The Commissioner notes that a Special Notice
was mailed to owners explaining a change in six types of heating fuel
used in 1985. Owner's who use Brooklyn Union "Non-Interruptible" Gas
and filed with the DHCR on or before May 14, 1986 were required to file
again to reflect the change. The refiling was extended to September 3,
1986. The refiled report was received by the Division on August 20,
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 $6.17 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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