DHCR Decisions
Docket No. FE 130228-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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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. FE 130228-RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
Frank Evangelista NO. BH 121255-FR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named landlord timely filed a petition for
administrative review, dated April 16, 1991, of an order issued on
February 20, 1991 by a District Rent Administrator concerning
various apartments located at 59-28 56th Street, Maspeth, New York.
The issue in this proceeding is whether the Administrator was
warranted in suspending and revoking the total accumulated fuel
cost rent adjustment for 1987.
On February 20, 1991, the Rent Administrator issued an "Order
of Suspension and Revocation of Fuel Cost Adjustment (FCA) 1987."
The Administrator found that the owner who previously obtained a
fuel cost increase rent adjustment, failed to file a timely report
of fuel cost price decrease, within 60 days of promulgation of the
calculated decrease. The Administrator's order revoked the total
accumulated fuel cost rent adjustment, effective January 1, 1987
through December 31, 1987.
The landlord's petition states that: "The petitioner was not
the owner of said premises, he purchased same on 6/17/88 from
B & R Investors Corp., and this is the first notification that he
has received concerning any fuel increases and he would like the
same reviewed and reversed in that the tenant is withholding rent."
After careful consideration, the Commissioner is of the opinion
that the landlord's petition should be denied.
The Commissioner notes that the landlord does not raise any
issues which would warrant the Administrator's order to be modified
or revoked.
The pertinent portion of the Administrator's order merely
pointed out that the landlord did not file a timely report of fuel
cost price decrease, and therefore the landlord would not be
Docket No. FE 130228-RO
entitled to collect a fuel cost rent adjustment for the applicable
time period, followed by a resumption of collectibility in a
reduced amount. The Commissioner further notes that if the tenant
were withholding rent during the applicable time period, then the
landlord would not have to refund any money to the tenant.
The Commissioner finds that the fact that the subject landlord
had acquired the subject building in 1988 does not excuse it from
following the administrator's determination, because a new landlord
steps into the shoes of the former landlord, and therefore the
petitioner is required to refund or credit any fuel cost allowance
increase paid by the subject tenants, as noted in the
Administrator's order.
Accordingly, the Commissioner finds that the Administrator's
order should be affirmed.
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 Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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