Docket No. ED230040RO
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 REVIEW
APPEAL OF DOCKET NO.: ED230040RO
DRO DOCKET NO.:
Neil Peters BH221785FR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART
On April 6, 1990 the above named petitioner-landlord filed an
appeal in accordance with the applicable provisions of the City
Rent Law and Regulations against an order issued on March 13, 1990
by the Rent Administrator of the Gertz Plaza, Jamaica, New York
Rent Office, concerning the housing accommodation known as 1822
Bayridge Avenue, Apartment 3R, Brooklyn, New York.
The issue in this proceeding is whether the Fuel Cost Adjustments
should have been suspended for the calendar year 1987.
The Rent Administrator's order appealed herein suspended all fuel
cost adjustments for the period January 1, 1987 through December
31, 1987.
This order 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 #2 oil during
the calendar year 1986.
On appeal, the landlord states, in substance, that the building
does not use #2 oil. Instead, the landlord alleges the subject
building used gas supplied by Brooklyn Union Gas for the time
period in question.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted in part.
NYCRR 2202.13 provides that where a landlord has obtained fuel cost
Docket No. ED230040RO
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 decrease.
In early 1987, a finding was promulgated that the price of Brooklyn
Union Gas had declined during 1986. The subject landlord was
required to file and serve fuel cost decrease reports on or before
July 31, 1987. The Suspension Procedure is initiated by the
Division whenever an owner fails to timely file a notice of fuel
cost decrease.
In this matter it is undisputed that a "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1987"
was not received by the Rent Office on or before July 31, 1987.
However, as the owner did submit proof that the subject property
has been using Brooklyn Union Gas since 1981 the Commissioner finds
that the Administrator's Order should be modified to show that the
fuel involved was Brooklyn Union Gas and that the per room decrease
was $1.56. The Commissioner notes that the owner alleged before
the Administrator that no fuel cost adjustments were filed for
since 1984. It is implied in the Administrator's order that if no
fuel cost adjustments were collected in 1987 then no refund was
necessary for that year.
Accordingly, the Commissioner is of the opinion the Rent
Administrator, as modified herein, correctly suspended Fuel Cost
Adjustments for the calendar year 1987.
THEREFORE, in accordance with the applicable provisions of the Rent
and Eviction Regulations for New York City, it is
ORDERED, that this administrative appeal be, and the same hereby
is, granted in part, and that the order of the Rent Administrator
be, and the same hereby is, affirmed, as modified herein.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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