Docket No. EL530058RO
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.: EL530058RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
Ralph Langsam Assoc. Inc. NO.: BH528599FR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 6, 1990 the above named petitioner filed an appeal in
accordance with the applicable provisions of the City Rent Law and
Regulations against an order issued on November 20, 1990 by the
Rent Administrator of the Gertz Plaza, Jamaica, New York Rent
Office, concerning the housing accommodation known as 47 Arden
Street, Various Apartments, New York, 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 #4 oil during
the calendar year 1986.
On appeal, the landlord states, in substance, that on February 2,
1986 as a result of a moderate rehabilitation under Article 15 of
the Private Housing Finance Law all rent controlled tenants status
were changed to rent stabilized. Therefore, no fuel cost findings
were required.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
9NYCRR 2202.13 provides that where a landlord has obtained fuel
Docket No. EL530058RO
cost adjustments and then there is a finding of the 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 #4 fuel
oil had declined during 1986. The subject landlord was required to
file and serve fuel cost decrease reports on or before July 31,
1987.
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.
The owner failed to submit documentary evidence to the Division in
connection with the moderate rehabilitation and the status change
of the subject tenants.
The Commissioner notes that the Administrator's order required the
landlord to refund money to the tenant only if a fuel cost
adjustment increase was actually collected. The Commissioner
further notes that it is implied in the Administrator's order that
if the owner did not collect any fuel cost adjustment for the
period covered by the order then no refund by the owner was
required by the order. Therefore, the owner was not aggrieved by
the order under appeal.
Accordingly, the Commissioner is of the opinion the Rent
Administrator 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, denied, and that the order of the Rent Administrator be, and
the same hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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