BK 410133 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.: BK 410133 RO
MAJORY B. KIPNISS,
DRO DOCKET NO.: LC 001215 FR/85
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 12, 1987, the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on
October 13, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodation
known as 969 Park Avenue, New York, New York, Apartment 12-E.
The issue in this appeal is whether Fuel Cost Adjustments should
have been suspended for the calendar year 1985.
The District Rent Administrator's order, appealed herein,
suspended all fuel cost adjustments for the period January 1,
1985-December 31, 1985 and reinstated same in the reduced amount
of $3.33 per room, per month, effective January 1, 1986.
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 No. 6 oil
during the calendar year 1984.
On appeal, the petitioner-landlord urges, in substance, that she
is the owner of the subject cooperative apartment, and the
"managing agent does not notify me of all the reports and
documentation I am required to submit to your office." Submitted
therewith is a 1985 Fuel Cost Report dated February 19, 1986.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be denied.
The applicable provisions of the Rent Regulations, 9 NYCRR
2202.13 provides 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 price
decrease, the landlord must serve and file a report of fuel price
BK 410133 RO
In March 1985, a finding was promulgated that the price of No. 6
fuel oil had declined during 1984. Therefore, the subject
landlord was required to file and serve fuel cost decrease
reports on or before May 14, 1985.
In this matter it is undisputed that a "Landlord's Report,
Certification and Notice f Fuel Cost Adjustment Eligibility-
1985" with respect to the subject apartment was not served on the
tenant or received by the District Rent Office on or before May
14, 1985. Thus the Rent Administrator correctly suspended the
Fuel Cost Adjustment for the year 1985.
THEREFORE, in accordance with the Rent and Eviction Regulations
for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied;
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA