Docket Nos. DH520010RO, DH520011RO, DH520012RO, FF530269RO

                                 STATE OF NEW YORK 
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                              JAMAICA, NEW YORK  11433

          APPEAL OF                               DOCKET NOS.: DH520010RO

                                                  DISTRICT RENT
                                                  ADMINISTRATOR'S DOCKET
          Cromwell Associates                     NOS.: AK522712FR


          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 

          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 

          After a careful consideration of the entire evidence of record the 
          Commissioner is of the opinion that these petitions should be 

          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 

          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, 

          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 

          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 


                                             Joseph A. D'Agosta
                                             Deputy Commissioner


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