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.: BA 220084-RT
DRO DOCKET NO.: ZKC 003336-FR84
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 30, 1987, the above named petitioner-tenant filed an appeal
against an order issued by the District Rent Administrator, concerning the
housing accommodations located 1525 West 11th Street, Brooklyn, New York,
Apartment A-3, wherein the District Rent Administrator suspended all fuel
cost adjustments for the 1984 calendar year.
The order was based on 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 fuel during the calendar year 1983.
In the petition the tenant asserts that the landlord failed to file the
required eligibility order for 1985 and 1986 therefore the fuel oil pass
along should be revoked.
The owner answered and that answer is not responsive to the issues raised
in the tenant's petition.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this petition should be denied.
9 NYCRR 2202.13 provides 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
file a report of fuel price decrease.
In January 1984, a finding was promulgated that the price of 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.
The owner in this case has not adequately established that a "landlord's
Report, certification and Notice of Fuel Cost Adjustment Eligibility -
1984" was served on the tenants and the District Rent Office on or before
March 26, 1984. DHCR records reveal that no "owner's report,
certification and notice of fuel cost adjustment eligibility - 1984" was
ever filed with the agency.
DOCKET NUMBER: BA 220084-RT
The Commissioner is of the opinion that the District Rent Administrator's
order correctly suspended fuel cost adjustments for the calendar year
It is noted that the tenant's petition is not responsive to the issue
presented by the order appealed from that it addresses reports of fuel
cost decrease for the years 1985 and 1986.
THEREFORE, in accordance with the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is denied; and the
District Rent Administrator's order be, and the same hereby is affirmed.