ADM. REVIEW DOCKET NO. FJ420305RT
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. FJ420305RT
DISTRICT RENT
THOMAS ETTINGER, ADMINISTRATOR'S DOCKET
NO. CI420151F
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 8, 1991, the above-named tenant filed a petition
for administrative review of an order issued on September 3, 1991
by a Rent Administrator concerning the housing accommodation known
as Apartment 11G, 420 Riverside Drive, New York, New York.
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 petition for administrative
review.
On August 26, 1988, the subject landlord filed with the rent
agency a fuel cost adjustment eligibility report, under Docket No.
CH424736FC, in order to qualify for an increase in the fuel cost
adjustment effective January 1, 1988.
On September 8, 1988, the subject tenant filed with the rent
agency a challenge to the above-mentioned fuel cost adjustment
eligibility report.
On September 3, 1991, the Administrator issued the order under
review herein which denied the tenant's challenge. The
Administrator's order stated: "In connection with the tenant's
challenge to the owner's fuel cost adjustment report for the year
1988 based on improper filing, evidence in the file reveals that
the owner has met the filing requirements of Section 2202.13."
ADM. REVIEW DOCKET NO. FJ420305RT
In his petition, the subject tenant asserts, among other
things, that the landlord is not entitled to an increase in fuel
cost adjustments; that the subject landlord does not maintain the
building properly; that there are "outstanding complaints of
service decreases" filed by the tenants, and that the subject
tenant had submitted numerous pages of uncorrected violations
reported against the subject building which "is already in the
agency's possession in tenants' other dockets concerning decrease
of service and improper rent increases."
After careful consideration, the Commissioner finds that the
tenant's petition should be denied.
Pursuant to Sections 2202.13(b)(3) and 2202.13(h) of the Rent
and Eviction Regulations and Policy Statement 91-3, the
Commissioner notes that a landlord is barred from collecting
increases for fuel cost adjustments when there is a rent reduction
order in effect for failing to maintain an essential service. If
the service in question is heat and/or hot water, the landlord can
not collect an increase for fuel cost adjustments until twelve
months after the effective date of an order restoring the rent.
The record reflects that on January 1, 1988, the effective
date of the increase in fuel cost adjustments in this proceeding,
there was no rent reduction order in effect for failing to maintain
an essential service in the subject building or apartment. Nor had
a rent reduction for failure to maintain adequate heat or hot water
been restored within twelve months of January 1, 1988.
As to the aforementioned building violations, the Commissioner
finds that the existence of building violations on record with the
New York City Department of Housing Preservation and Development-
Division of Code Enforcement, absent a rent reduction order issued
by the Division of Housing and Community Renewal for failure to
maintain an essential service, does not bar the landlord from
collecting increases for fuel cost adjustments.
Accordingly, the Commissioner finds that the tenant's petition
should be denied.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction Regulations, it is
ADM. REVIEW DOCKET NO. FJ420305RT
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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