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. ARL 10473-L
: DRO DOCKET NO. LC-002353
HAROLD BRESLOW FR84
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May, 28, 1986, the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on April
23, 1986, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
113 St. Marks Place, New York, New York, various apartments.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2202.13.
The issue herein is whether Fuel Cost Adjustments should have
been suspended for the calendar year 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 by the administrative appeal.
The Rent Administrator's order appealed herein, suspended all
fuel cost adjustments for the period January 1, 1984 - December
This order was based upon a finding that the owner of the
subject building had previously obtained allowable fuel cost
adjustments and had failed to timely serve and file the required
report of fuel cost decrease by reason of a decrease in the price
of Number 2 fuel oil during the calendar year 1983.
In this petition, the landlord urges in substance, that he
timely filed the 1985 Report of Fuel Cost Decrease.
The Commissioner is of the opinion that this petition should
9NYCRR 2202.13 provides in pertinent part that 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 prices, the landlord must serve and file a
report of fuel price decrease.
In January 1984 , a finding was promulgated that the price of
certain fuel oils and gases had declined during 1983 . Therefore,
the subject landlord was required to file and serve fuel cost
decrease reports on or before March 26, 1984.
In this matter the record discloses that a "Landlord's
Report, Certification and Notice of Fuel Cost Adjustment
Eligibility - 1984 " was not served on the tenants or received by
the District Rent Office on or before March 26, 1984. The
landlord's claim that it filed the required report for 1985 on a
timely basis has no bearing as to whether the required report for
1984 was timely filed.
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 provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.