BD 420314-RO
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.:
BD 420314-RO
WINIFRED B. MULLIGAN,
DISTRICT RENT ORDER
DOCKET NO.:
PETITIONER LC 000787-FR 85
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE APPEAL
On April 27, 1987, the above-named petitioner-owner filed a Peti
tion for Administrative Review against an order of the Rent
Administrator issued April 9, 1987. The order concerned
housing accommodations located at 426 East 77th Street, New York,
New York.
The Commissioner has reviewed the record and carefully considered
that portion relevant to the issues raised by this appeal.
The issue in this proceeding is whether Fuel Cost Adjustments
should have been suspended for the calendar year 1985.
The District Rent Administrator's order appealed herein,
suspended all fuel cost adjustments for the period January 1,
1985 - December 31, 1985.
This order was based on a finding that the owner of the subject
building had previously obtained allowable fuel cost adjustments
and failed to timely file the required report of fuel cost
decrease by reason of a decrease in the price of No. 2 oil
during the calendar year 1984.
On appeal the owner states that the Administrator failed to send
the proper notice to her regarding the 1985 fuel adjustment.
This failure, petitioner claims, excessively penalizes the owner
without justification.
After careful consideration of the evidence of record the, the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to 9 NYCRR 2202.13 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 price, the landlord must serve and file a report of fuel
price decrease.
BD 420314-RO
In early 1985, a finding was promulgated that the price of No. 2
oil had declined during 1984. Therefore, the subject landlord
was required to file and serve fuel cost decrease reports on or
before May 15, 1985.
In this matter it is undisputed that a "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility -
1985" was not served on the tenants or received by the District
Rent Office on or before May 15, 1985.
The petitioner is incorrect in assuming that the Administrator
had an affirmative duty to notify the landlord of the obligation
to file the required fuel cost adjustment report. The Division
does not send out such notices and landlords who are collecting
a fuel cost adjustment are required to update that adjustment
each year pursuant to the annual promulgation of increases or
decreases in fuel prices. The Division's records reveal that the
landlord herein had previously filed reports to qualify for
eligibility to collect fuel adjustments for 1980, 1981, and 1982
but failed to do so for subsequent years.
The Commissioner is of the opini n the District Rent Adminis-
trator correctly suspended Fuel Cost Adjustments for the calendar
year 1985.
THEREFORE, pursuant to the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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