Docket No. CA 220329-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.: CA 220329-RO
NO.: ZKC 851018-FR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 26, 1988 the above named petitioner-landlord refiled
an appeal in accordance with the applicable provisions of the City
Rent Law and Regulations against an order issued on December 2,
1987 by the Rent Administrator of the Gertz Plaza, Jamaica Rent
Office, concerning the housing accommodation known as 369 Pacific
Street, Various apartments, Brooklyn, NY.
The issue in this proceeding is whether Fuel Cost Adjustments
should have been suspended for the calendar year 1985.
The Rent Administrator's order appealed herein suspended all
fuel cost adjustments for the period January 1, 1985-December 31,
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 #2
oil during the calendar year 1984.
On appeal, the landlord urges, in substance,that it hadn't
received a full Fuel Cost Adjustment in prior years. The landlord
also claims that it filed the relevant forms incorrectly, and
requested a retroactive Fuel Cost Adjustment.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
9 NYCRR 2202.13 provides that where a landlord has obtained
Docket No. CA 220329-RO
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
In early 1985, a finding was promulgated that the price of #2
fuel oil had declined during 1984. The subject landlord was
required to file and serve fuel cost decrease reports on or before
May 15, 1985.
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 May 15, 1985. The landlord's claim on appeal that she had
not received the full Fuel Cost Adjustments in prior years due to
unspecified errors on the owner's part was not made below by the
landlord. As such, the landlord cannot make this argument for the
first time on appeal. If the landlord has difficulty with the
various procedures, she should contact the Public Information Unit,
either in person or by phone, for assistance.
The Commissioner is of the opinion the Rent Administrator
correctly suspended Fuel Cost Adjustments for the calendar year
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.
Joseph A. D'Agosta
Acting Deputy Commissioner