BH 430293 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 430293 RO
: DRO DOCKET NO. ZLC-000486
ROSE D'AMBROSIO FR/85
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 7, 1987, the above-named petitioner-landlord filed
a Petition for Administrative Review against an order issued on
August 6, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 104 MacDougal Street, 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 Fuel Cost Adjustments should have
been suspended for the calendar year 1985.
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, 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. On
December 20, 1985, during the course of this proceeding, the
landlord stated in substance that its agent was not advised of the
decrease for #2 fuel oil, that if this had been known, the report
would have been timely filed and that the landlord is now filing
the required report.
In this petition, the landlord urges in substance, that the
report was timely filed on May 15, 1985 and an additional report
was filed in February 1986, and the amount of rent retroactively
reduced in accordance with the fuel cost decrease.
The Commissioner is of the opinion that this petition should
BH 430293 RO
be denied.
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.
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 matter the landlord has submitted no evidence in
support of her contention on appeal that the required report was
submitted on May 15, 1985. Moreover, such contention conflicts
with the landlord's answer in the proceeding before the Rent
Administrator since in such answer the landlord conceded that the
required report was not filed until at least December 1985 at the
earliest. Therefore, the landlord has not met the filing
requirements pursuant to 9NYCRR 2202.13.
The Commissioner is 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
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
BH 430293 RO
ARB Docket No.: BH 430293 RO
DRO Docket No/Order No.: ZLC-000486 FR/85
Tenant(s): Various
Owner: Rose D'Ambrosio
Code Section: 9 NYCRR 2202.13
Premises: 104 MacDougal Street, New York, 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.
APPROVED:
Processing Attorney:
Supervising Attorney:
Director:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
BH 430293 RO
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