EJ 430364 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
----------------------------------X S. J. R. 5575
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. EJ 430364 RO
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. BH 426716 FR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 24, 1990, the above-named owner timely refiled a
petition for administrative review of an order issued on August
21, 1990 by a Rent Administrator concerning various apartments
located at 45 West 85th Street, New York, New York.
On August 21, 1990, the Rent Administrator mailed to the owner an
"Order of Suspension of Fuel Cost Adjustment (FCA) 1987." The
After consideration, the Rent Administrator finds that
the owner who previously obtained a fuel increase
failed to file a timely 1987 report of a price
decrease... within 60 days of the setting of the
calculated decrease and failed to reduce the rent as
required by Section 2202.13E of the Rent and Eviction
Regulations. It is ordered that the accumulated fuel
cost adjustment be suspended for 12 months effective
01/01/87 to 12/31/87...Any fuel adjustments paid
between 01/01/87 and 12/31/87 are to be refunded or
credited to the tenant in full starting with the rent
payment immediately following the date of issuance of
The owner's petition asserts that there was no rent increase due
to fuel cost adjustment, and that the Rent Administrator
terminated a proceeding concerning another building owned by the
petitioner because that other building did not receive a fuel
cost rent increase.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
Based upon the record, the Commissioner finds that there was a
fuel cost rent increase for the subject building. Pursuant to
Docket Nos. 3FC6750 (4M7894) and LC002408-FR84 the owner was
allowed an increase in rent due to a fuel cost increase.
EJ 430364 RO
Accordingly the Commissioner finds that the owner had earlier
applied for and was authorized to collect an increase in rent due
to a fuel cost increase, and that the Rent Administrator's order
should therefore be affirmed.
The fact that another building which is owned by the petition
had a proceeding terminated by the Rent Administrator because
that building did not receive a fuel cost adjustment is
irrelevant in this action. The Commissioner notes that the other
building owned by the petitioner is a separate entity from the
subject building, and the Commissioner reiterates that the
subject building did earlier receive a fuel cost rent increase.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.