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. BH 430298 RO
: DRO DOCKET NO. ZLC-000333
YECO REALTY CORP. FR/85
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 13, 1987, the above-named petitioner-landlord filed
a Petition for Administrative Review against an order issued on
August 10, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 282 Broome Street, New York, New York, various
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
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 #2 fuel oil during the calendar year 1984.
In this petition, the landlord alleges in substance, that the
premises has been using gas for the last five years rather than
oil so that the Rent Administrator's order should be revoked.
The Commissioner is of the opinion that this petition should
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.
It is noted that in 1980 and 1981, the landlord herein
received fuel cost adjustments due to the use of #2fuel oil in the
subject premises. Further even though the landlord may now have
switched from oil to gas, the price of Con Edison interruptible
gas decreased in 1984 so that if the landlord used this type of
gas it would have been obligated to file a report of fuel cost
decrease. It is further noted that the landlord has not submitted
proof that it changed they type of fuel it used from fuel oil to
gas and has not stated what type of gas it allegedly changed to.
Moreover the landlord did not raise this issue in the proceeding
before the Rent Administrator so that it cannot be considered for
the first time on appeal since this is not a de novo proceeding.
Therefore the Rent Administrator's order was warranted.
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.
ADMINISTRATIVE REVIEW BUREAU
ARB Docket No.: BH 430298 RO
DRO Docket No/Order No.: ZLC-000333 FR/85
Owner: Yeco Realty Corp.
Code Section: 9 NYCRR 2202.13
Premises: 282 Broome Street, New York, New York, various
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.
Mailed copies of Order and Determination to:
Date: : by