ADM. APPEAL DOCKET NO.: BF620178RO
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.: BF620178RO
VERNON A. LEWIS
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: ZBC00194FR/84
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 27, 1987 the above-named petitioner owner filed an
appeal in accordance with the applicable provisions of the City
Rent Law and Regulations against an order issued on May 8, 1987 by
the Rent Administrator, Gertz Plaza, Jamaica, New York, concerning
the housing accommodation known as 1116 Grant Avenue, Apt. 1A,
Bronx, N.Y.
The issue in this proceeding is whether Fuel Cost Adjustments
should have been suspended for the calendar year 1984.
The Rent Administrator's order appealed herein suspended all
fuel cost adjustments for the period January 1, 1984-December 31,
1984.
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 gas
during the calendar year 1983.
On appeal, the owner states, in toto "Please note the
conversion to oil was March 1984."
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
ADM. REVIEW DOCKET NO.: BF620178RO
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
prices, the landlord must serve and file a report of fuel price
decrease.
In early 1984, a finding was promulgated that the price of gas
had declined during 1983. The subject landlord was required to
file and serve fuel cost decrease reports on or before March 26,
1984.
In this matter it is undisputed that a "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1984"
was not served on the tenants or received by the Rent Office on or
before March 26, 1984. The landlord's claim that he converted to
oil heat in 1984 is irrelevant, as the Administrator's order was
based on the decrease in price during 1983. .
The Commissioner is of the opinion the Rent Administrator
correctly suspended Fuel Cost Adjustments for the calendar year
1984.
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City, it is
ORDERED, that this administrative appeal 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
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