BE 420358 RO
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.: BE 420358 RO
ZADMAR REALTY COMPANY,
DRO DOCKET NO.: LC 000793 RO
ORDER AND OPINION DENYING PROCEEDING ON APPEAL
On May 26, 1987 the above-named petitioner filed an appeal
against an order issued on April 23, 1987 by the Rent
Administrator of the Rent Office located at 92-31 Union Hall
Street, Jamaica, New York concerning the housing accommodations
known as 265-9 East 78th Street, New York, New York, Various
The Administrator's order appealed herein suspended all fuel cost
adjustments for the period January 1, 1985 through December 31,
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 a fuel
cost decrease by reason of a decrease in the price of # 2 fuel
oil during the calendar year 1984.
On appeal, the owner contends that it had requested to be
notified of a decrease and if it was required to file a report of
fuel cost decrease but it was informed that there had been no
fuel cost price decrease for 1984 and it was never notified of
the price decrease and the need to file a report.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
Section 2202.13 of the Rent and Evictions Regulations provides in
pertinent part that where an owner has obtained fuel cost
adjustments and there is a finding of fuel price decrease, within
60 days of the promulgation of the finding on fuel prices, the
owner must serve and file a report of fuel price decrease.
In January 1985, a finding was promulgated that the price of # 2
fuel oil had declined during 1984. Therefore, the subject owner
was required to file and serve fuel cost decrease reports.
BE 420358 RO
In the instant case, it is undisputed that a "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility" was
not served on the tenants nor received by the District Rent
Office. The owner's claim that it was not notified does not
excuse the failure to file the required report. The owner has
not submitted probative evidence that it was misinformed by the
Division of Housing and Community Renewal (DHCR). Moreover, it
is not Division policy to specifically inform an owner of the
necessity to file and serve the required report.
The Commissioner is of the opinion the Rent Administrator
correctly suspended Fuel Cost Adjustments for the calendar year
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City, Chapter 403,
Laws of 1983 as amended by Chapter 102, Laws of 1984 as
implemented by Operational Bulletin 84-1, it is
ORDERED, that this administrative appeal be, and the same hereby
is, denied, and that the order of the District Rent
Administrator be, and the same hereby is, affirmed.