ADM. APPEAL DOCKET NO. DI630178RO
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 APPEAL
APPEAL OF DOCKET NO.: DI630178RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AK622908FR
CARMINE TABACCO
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
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 1030
Boynton Avenue, Apartments 2D, 2H, 3G, Bronx, 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 he did file
not one, but two timely fuel reports, reducing the fuel cost
adjustment; the original one on May 14, 1986 and the second filing
on August 29, 1986 because the DHCR misstated the price changes for
1985. In addition, the three tenants were properly notified on
both occasions. A copy of the report 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. DI630178RO
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 #4
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.
The Commissioner notes the fact that in 1986 a Special Notice
was issued informing the owners that the fuel price changes in 1985
were previously incorrectly stated for 6 specified fuels, not
including #6 oil, and the correct price changes were stated in the
Special Notice. Furthermore, the Notice stated that for owners
using fuel types other than the 6 specified fuels no extensions
were granted beyond May 14, 1986.
A review of the record reveals that the "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1986"
was post-marked on May 14, 1986, making the filing of the report
timely. Therefore, the Commissioner finds that the fuel cost
adjustments 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
ADM. APPEAL DOCKET NO. DI630178RO
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