DHCR Decisions
Admin. Review Docket No.: EB 630154 RO
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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SJR NO. 4965
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EB 630154 RO
AHMET CELAJ DRO DOCKET
PETITIONER NO. BH 621463 FR
TENANT: VARIOUS
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE
REVIEW
This Order and Opinion is issued after the issuance of an Order of
the Supreme Court, Bronx County, Justice McGee, dated August 17,
1990, which ordered remit of an Article 78 proceeding which had
been brought upon the Commissioner's dismissal of the Petition for
Administrative Review herein, as untimely, in an Order and Opinion
issued March 15, 1990.
The Petition herein was timely filed by the above-named owner
against an order issued on January 30, 1990, by the Rent
Administrator at Gertz Plaza, Jamaica, New York, concerning housing
accommodations known as various apartments at 181 East 206th
Street, Bronx, New York, wherein the Administrator suspended the
petitioner's entitlement to collect the entire, accumulated fuel
cost adjustments during the calendar year of 1987, because the
owner had failed to timely file the required report of the fuel
cost decrease for natural gas consumed during the 1986 calendar
year.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the evidence relevant to
the issues raised in the administrative appeal.
The issue in this appeal is whether the owner has set forth a basis
for modifying or reversing the appealed order in the
Petition.
The petitioner's entire argument against the appealed order, as set
forth in the Petition, reads as follows: " Please cancel your
proposed fuel cost adjustment for the period 1/1/86 - 12/31/86
[sic]. Presently our tenants are taking credit each month by
reducing their rent by $3.08 per apartment."
Admin. Review Docket No.: EB 630154 RO
The Commissioner finds that the petitioner has provided no basis
upon which the Administrator's order should be reversed or
modified. Therefore the Commissioner finds that this Petition
should be denied.
THEREFORE, pursuant to all of the applicable statutes and
regulations, it is
ORDERED, that the Petition be, and the same hereby is denied.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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