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 620336 RO
: DRO DOCKET NO. ZBC001472
HENRY BUNCH FR/84
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 29, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
April 7, 1987, by the Rent Administrator, Gertz Plaza, Queens, New
York, concerning the housing accommodations known as 165 West
197th Street, Bronx, New York, Various apartments.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2202.13 of the Rent and Eviction Regulations
for New York City.
The issue herein is whether the Rent Administrator's order
was warranted.
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
31, 1984.
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 #4 fuel oil during the calendar year 1983.
On appeal, the landlord urges, in substance, that it acquired
the subject premises in 1985; that the subject premises uses #4
fuel oil rather than #6 fuel oil as originally thought by the
Rent Administrator and that fuel cost increases were not obtained
for the subject premises since 1981.
The Commissioner is of the opinion that this petition should
be denied.
Section 2202.13 of the Rent and Eviction Regulations for New
York City provides that where a landlord has obtained fuel cost
BD 620336 RO
adjustments and then there is a finding of fuel price decrease,
the landlord must serve and file a report of fuel price decrease.
In January 1984, a finding was promulgated that the price of
#4 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.
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. Contrary to the
landlord's contention on appeal, the Rent Administrator in his
final order noted that the subject premises uses #4 fuel oil
rather than #6 fuel oil. It is further noted that since the prior
landlord did obtain fuel adjustment increases in 1981, it was
required to file a Report of Fuel Price Decrease in 1984 and did
not do so. The fact that the current landlord acquired the
subject premises in 1985 does not excuse the prior landlord's
failure to file in 1984.
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.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BD 620336 RO
DRO Docket No/Order No.: ZBC 001472 FR/84
Tenant(s): Various
Owner: Henry Bunch
Code Section: 2202.13 of Rent and Eviction Regulations
Premises: 165 West 197th Street, 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 price decrease.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
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