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. BC 620028 RO
: DRO DOCKET NO. ZBC-001582
ERNEST LISS FR84
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 2, 1987, the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on
January 28, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 966 Southern Blvd., Bronx, 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 certain fuel oils and gases during the calendar year 1983.
In this petition, the landlord urges in substance, that his
failure to timely file the required report was not intentional and
he cannot afford the suspension of the fuel cost adjustments.
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.
BC 620028 RO
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 it is undisputed 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 its failure to file was unintentional does not excuse such
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.
ADMINISTRATIVE REVIEW BUREAU
ARB Docket No.: BC 620028 RO
DRO Docket No/Order No.: ZBC-001582 FR84
Owner: Ernest Liss
Code Section: 9 NYCRR 2202.13
Premises: 966 Southern Blvd., Bronx, New York, various apartments
Order and Opinion Denying Petition
Petition denied on basis landlord did not timely file and
serve required report of fuel cost decrease so that suspension of
fuel cost adjustment for one year period was warranted.
Mailed copies of Order and Determination to:
Date: : by