BH 410141 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. BH 410141 RO
: DRO DOCKET NO.ZLC-001044FR85
SIERRA REALTY CORP.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 21, 1987, the above-named petitioner-landlord filed
a Petition for Administrative Review against an order issued on July
22, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
971 First Avenue, New York, New York, Various Apartments.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2202.13.
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 al
fuel cost adjustments for the period January 1, 1985 - December
31, 1985.
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 1984.
In this petition, the landlord urges in substance that the
prior landlord in fact filed a timely report of fuel cost
decrease. In support of such contention, the landlord submitted
an affidavit from the prior landlord to the effect that it timely
filed the required report.
The Commissioner is of the opinion that this petition should
be denied.
9 NYCRR 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
BH 410141 RO
of the finding on fuel prices, the landlord must serve and file a
report of fuel price decrease.
In January 1985, a finding was promulgated that the price of
certain fuel oils and gases 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 case, the record before the Rent Administrator
discloses that the landlord did not file the required report of
fuel cost decrease for 1985. The landlord has not submitted
sufficient evidence on appeal such as a date stamped copy of the
report to establish that in fact the report was timely filed.
The Commissioner is therefore of the opinion that the Rent
Administrator correctly suspended Fuel Cost Adjustments for the
calendar year 1985.
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
JOSEPH A. D'AGOSTA
Deputy Commissioner
BH 410141 RO
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