Docket Nos. DF220339RO, DL220250RO
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 REVIEW
APPEAL OF DOCKET NOS.: DF220339RO
DL220250RO
DISTRICT RENT
Francia N. Danosos ADMINISTRATOR'S DOCKET
NO.: AK221168FR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 26, 1989 the above named owner-petitioner filed two
petitions for Administrative Review against an order issued on June
19, 1989 by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
Apartment 3, 536 Ovington Avenue, Brooklyn, New York. One petition
received docket number DF220408RO and was rejected on December 6,
1989. The other petition received docket number DF220339RO and is
herein under review. On December 20, 1989 the owner timely refiled
the rejected petition, receiving docket number DL220250RO. These
two appeals have been consolidated as they involve common issues of
law and fact.
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 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.
In these petitions the owner contends that the Administrator's
order was incorrect and should be modified because the owner
neither collected the fuel cost increase nor applied for a fuel
cost rent adjustment. (More specifically, the owner stated before
Docket Nos. DF220339RO, DL220250RO
the Administrator that no fuel cost adjustment had been charged
since 1984.)
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that these petitions should be
denied.
9NYCRR 2202.13 provides that where a landlord has obtained fuel
cost adjustments and then there is a finding of a fuel price
decrease, within 60 days of the promulgation of the finding of fuel
prices, 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.
In this matter it is undisputed that a "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1986"
was not received by the Rent Office on or before May 14, 1986.
The Commissioner notes that the Administrator's order required the
landlord to refund money to the tenant only if a fuel cost
adjustment increase was actually collected. The Commissioner
further notes that it is implied in the Administrator's order that
if the owner did not collect any fuel cost adjustment for the
period covered by the order then no refund by the owner was
required by the order. Therefore, if the owner did not collect the
fuel cost adjustment for the period covered by the order, the owner
was not aggrieved by the order under appeal.
Accordingly, the Commissioner is of the opinion the Rent
Administrator correctly suspended Fuel Cost Adjustments 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 these petitions be, and the same hereby are, denied,
and that the order of the Rent Administrator be, and the same
hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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