ADM. APPEAL DOCKET NO.: FF230157RO
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE APPEAL
APPEAL OF DOCKET NO.: FF230157RO
DISTRICT RENT
OFFICE DOCKET NO.:
DD220039FR
PETER REBENWURZEL,
PETITIONER
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 18, 1991, the above-named petitioner-landlord filed an
administrative appeal in accordance with the applicable provisions
of the City Rent Law and Regulations against an order issued on
June 11, 1991 by the Rent Administrator of the Gertz Plaza,
Jamaica, New York Rent Office, concerning the housing
accommodations known as 2901 Avenue I, Various Apts., Brooklyn, New
York.
The issue in this proceeding is whether Fuel Cost Adjustments
should have been suspended for the calendar year 1989.
The Rent Administrator's order appealed herein, suspended all
fuel cost adjustments for the period January 1, 1989 through
December 31, 1989.
This order was based on a finding that the landlord of the
subject building had previously obtained allowable fuel cost
adjustments and failed to timely file in 1989 the required report
of fuel cost decrease by reason of a decrease in the price of #6
oil during the calendar year 1988.
On appeal, the landlord states, in substance, that all of the
required documents were filed on time.
After a careful consideration of the entire evidence of
record, the Commissioner is of the opinion that the appeal should
be granted.
ADM. APPEAL DOCKET NO.: FF230157RO
Under the provisions of 9 NYCRR 2202.13e, where a landlord has
obtained fuel cost adjustments and then there is a finding of fuel
price decrease, within 60 days of the promulgation of the finding
on fuel price, the landlord must serve and file a report of fuel
price decrease.
In early 1989 a finding was promulgated that the price of #6
fuel oil had declined during 1988. The subject landlord was
required to file and serve fuel cost decrease reports on or before
March 31, 1989.
A review of the record reveals that the required Landlord's
Report, Certification and Notice of Fuel Cost Adjustment
Eligibility-1989 was received by the Rent Office on March 3, 1989.
Therefore, the Commissioner finds that the fuel cost adjustment
should not have been suspended for the calendar year 1989.
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City, it is
ORDERED, that the landlord's appeal be, and the same hereby
is, granted; that the Rent Administrator's order be, and the same
hereby is, revoked; and that the monthly cumulative fuel cost
adjustment for the subject building as of January 1,1989 is
reinstated, and it is further ordered that the tenants may pay any
arrears in rent arising as a result of this order in twelve (12)
equal monthly payments.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|