ADM. APPEAL DOCKET NO. DH230235RO
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DH230235RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AK421102FR
ELAL REALTY MGMT. INC.
PETITIONER
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 10, 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 July 18, 1989 by the Rent Administrator of the Gertz
Plaza, Jamaica, New York Rent Office, concerning the housing
accommodations known as 1615 Avenue I, Various Apartments,
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 #6
oil during the calendar year 1985.
On appeal, the landlord states, in substance, that the fuel
cost report was filed in a timely manner. A copy of the report
date-stamped was 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. DH230235RO
Under the provisions of 9 NYCRR 2202.13e, 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 #6
fuel oil 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 that the required Landlord's
Report, Certification and Notice of Fuel Cost Adjustment
Eligibility-1986 was received by the Rent Office on April 9, 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 $4.24 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
|
