Docket No. DD220189RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DD220189RO
454-456 Bedford Co. ADMINISTRATOR'S DOCKET
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 18, 1989 the above named petitioner-landlord filed an
appeal in accordance with the applicable provisions of the City
Rent Law and Regulations against an order issued on March 21, 1989
by the Rent Administrator of the Gertz Plaza, Jamaica, New York
Rent Office, concerning the housing accommodation known as 454-456
Bedford Avenue, Various Apartments, 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
This order was based upon a finding that the owner of the subject
building had previously obtained allowable fuel cost adjustments
and failed to timely serve and file 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 in 1986 it
originally filed for an increase, but soon after the DHCR issued
new forms changing the status to a decrease. It filed new forms
for a decrease which was implemented. The increase filed for
originally was not implemented. The landlord also states that
although the suspension order herein under appeal indicated that
the building used Brooklyn Union "Non-Interruptible" Gas, in fact
the gas used is Brooklyn Union "Interruptible" Gas.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
Docket No. DD220189RO
should be granted.
The Commissioner notes the fact that in 1986 a Special Notice-1986
Fuel Cost Pass-Along was mailed to the Owners explaining that six
types of heating fuel used in 1985 were previously incorrectly
stated. The Special Notice quoted the correct fuel cost changes.
The Brooklyn Union "Interruptible" Gas was changed from an increase
in gas to a decrease in gas.
The Commissioner further notes that the Special Notice stated that
if Owners who used Interruptible Brooklyn Union Gas (whose price
had originally been stated to have increased in 1985, but in fact
had decreased) did not file the fuel cost report with DHCR by May
14, 1986, the Owners must now file for a decrease pass-along, by
September 3, 1986.
The subject landlord was required to file the fuel cost report on
or before May 14, 1986. In reviewing the record it reveals the
originally filed 1986 fuel report was not received by the Division
until July 17, 1986, and the refiled fuel cost report was not
received by the Division until September 25, 1986. Therefore, the
owner's filing of the report of decrease in fuel cost was
technically untimely. However, because of the confusion caused by
the need to correct the findings regarding fuel prices, the DHCR
extended the September 3, 1986 deadline stated on the Special
Notice to October 3, 1986. Therefore, the landlord's September 25,
1986 filing should have been deemed timely.
Finally, the Commissioner notes that the owner is correct that the
order incorrectly described the gas used by the owner as "Non-
Interruptible". However, the record shows that the Administrator's
computations were correctly based on the decrease in Interruptible
Brooklyn Union Gas.
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
adjusmtent for the subject building as of January 1, 1986 is
reinstated in the amount of $4.11 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
Joseph A. D'Agosta