Docket Nos. DH520010RO, DH520011RO, DH520012RO, FF530269RO
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.: DH520010RO
DH520011RO
DH520012RO
FF530269RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
Cromwell Associates NOS.: AK522712FR
AK522708FR
AK522647FR
AK524066FR,
respectively
PETITIONER
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ORDER AND OPINION GRANTING FOUR PETITIONS FOR ADMINISTRATIVE
REVIEW
These petitions have been consolidated us they involve common
issues of law or fact.
The above named petitioner-owner timely filed or refiled Petitions
for Administrative Review against orders issued by the Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning housing accommodations known as various apartments, 607,
605, 601, and 609 respectively, West 137th Street, New York, New
York.
The issue in these proceedings is whether the Fuel Cost Adjustments
should have been suspended for the calendar year 1986.
The Rent Administrator's orders appealed herein suspended all fuel
cost adjustments for the period January 1, 1986 through December
31, 1986.
These orders 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 Number 6 Oil
during the calendar year 1985.
Docket Nos. DH520010RO, DH520011RO, DH520012RO, FF530269RO
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeals.
In these appeals the owner states that it acquired the subject
building in 1985 and alleges that the prior owner failed to provide
the petitioner with the fuel cost records necessary to comply with
the 1986 filing requirements. Accordingly, the owner filed a FOIL
(Freedom of Information Law) request with the DHCR, seeking the
fuel records. The owner documents that this request was made three
weeks before the deadline for filing the required fuel reports. On
May 1, 1986 the owner wrote to the Division stating that its FOIL
request had not yet been processed and that the required reports
would be filed as soon as the documents were made available
pursuant to the FOIL request.
The owner documents that the FOIL request was honored on October
30, 1986 and November 13, 1986 when the owner received copies of
the requested fuel records (not all of which were available on
October 30, 1986).
On December 5, 1986 the owner filed the required reports along with
all of the above-described documentation and explanation as to why
they were being filed late.
No tenant in the four subject buildings disputed the actual
evidence or allegations of the owner's petitions. However, several
tenants filed answers contending that the relevant petition should
be denied because the owner was not maintaining the premises
properly.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that these petitions should be
granted.
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 Number
6 Oil 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.
Nevertheless, based on the above-described unique facts of these
proceedings, the Commissioner finds that the reports clearly should
Docket Nos. DH520010RO, DH520011RO, DH520012RO, FF530269RO
have been deemed timely filed. The owner documented before the
Administrator that the late filing was due solely to the then-
pending FOIL request from the DHCR. Accordingly, the Commissioner
finds that the fuel cost adjustments should not have been suspended
for the year 1986.
This Order is without prejudice to the tenants' right to file
service complaints if the facts so warrant. However, their
allegations regarding maintenance are not relevant to these
proceedings.
THEREFORE, in accordance with the applicable provisions of the Rent
and Eviction Regulations for New York City, it is
ORDERED, that the owner's appeals be, and the same hereby are,
granted; that the Rent Administrator's orders be, and the same
hereby are, revoked; and that the monthly cumulative fuel cost
adjustment for the subject building as of January 1, 1986 is
reinstated subject to the $0.20 per room, per month reduction based
on the decrease in the cost of Number 6 Oil in 1985, 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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