STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NO.
TERRY COOPER, DISTRICT RENT ADMINISTRATOR'S
PETITIONER AF 420094-F
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 22, 1991, the above-named petitioner-tenant re-filed
a petition for administrative review against an order issued
December 6, 1990 by an administrator concerning the housing
accommodations known as 373 Bleeker Street, Apartment 1-D, New
York, New York wherein the Administrator determined that the
subject apartment contains three rooms for fuel cost adjustment
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
The tenant commenced this proceeding on June 17, 1986 by filing a
challenge to the 1986 Landlord's Report and Certification of Fuel
Cost Adjustment. The tenant asserted that the apartment consists
of two rooms instead of the three used in the landlord's
calculations. The tenant enclosed a copy of 1984 Certificate of
Occupancy for the subject building.
The Administrator's order states that the evidence in the file
indicates that the subject apartment contains three (3) rooms,
that the subject building contains a total of forty-one (41)
rooms and that the 1986 fuel cost adjustment is $5.90 per room
The tenant contends in the petition that the order issued
December 6, 1990 is incorrect in that it indicates that the sub-
ject apartment contains three rooms when in fact it contains two.
The tenant includes a copy of an order dated December 11, 1986,
under Docket No. Z4-7ADFC-75, in which the subject apartment is
determined to consist of two rooms.
The owner did not submit an answer to the tenant's petition.
The Commissioner is of the opinion that the petition should be
The Commissioner finds, after a careful review of the agency
records, including the Certificate of Occupancy dated 1984, fuel
cost adjustments filed with the owner dating back to 1980, and an
agency determination under Docket No. Z4-7ADFC-75, which was
based on a physical inspection that the subject apartment is
comprised of two rooms.
THEREFORE, in accordance with the Rent and Eviction Regulations,
ORDERED, that the petition be, and the same hereby is, granted
and that the Administrator's order be, and the same hereby is
modified in accordance with this Order and Opinion.