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
APPEAL OF DOCKET NO.: AK 220246-RO
DRO DOCKET NO.: ZKC 003055-FR84
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 12, 1986 the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on October 8, 1986, by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York concerning
the housing accommodations known as Apartments 2F and 2R, 2160 East 7th
Street, Brooklyn, New York wherein the Administrator suspended all fuel
cost adjustments for the period January 1, 1984 to December 31, 1984.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issue
raised in the administrative appeal.
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 #2 fuel oil during the calendar year 1983.
On appeal, the landlord urges, in substance, that it did timely file the
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the Administrative appeal should be
Section 2202.13 of the Rent and Eviction Regulations of New York City
provides that where a landlord has obtained fuel cost adjustments and that
there is a finding of fuel price decrease, within 60 days of the
promulgation of the finding on fuel prices, the landlord must serve and
file a report of fuel price decrease.
In January 1984 a finding was promulgated that the price of #2 fuel oil
had declined during 1983. Therefore, the subject landlord was required to
file and serve fuel cost decrease reports on or before March 26, 1984.
Although the landlord contends that all required reports were timely
filed, there is no documentary evidence to sustain this contention.
DOCKET NUMBER: AK 220246-RO
The Commissioner is of the opinion that the Rent Administrator correctly
suspended fuel cost adjustments for the calendar year 1984.
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.