Docket No. DH520463RO
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.: DH520463RO
Broadway Inwood Corporation NO.: AK522747FR
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 28, 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 25, 1989 by the Rent Administrator of the Gertz
Plaza, Jamaica, New York Rent Office, concerning the housing
accommodations known as 4996 Broadway, Various Apartments, New
York, 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 1985.
On appeal, the landlord states, in substance, that the 1986
Fuel Cost report was mailed to the DHCR on May 2, 1986. All
effected tenants were served and appropriate credits were refunded
to the tenants.
After a careful consideration of the entire evidence of record,
the Commissioner is of the opinion that the appeal should be
Under the provisions of 9NYCRR 2202.13e, where a landlord has
Docket No. DH520463RO
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
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 May 5, 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, 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.
Joseph A. D'Agosta