DOCKET NO.:  CF 230137-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




     --------------------------------------X
     IN THE MATTER OF THE ADMINISTRATIVE   :   ADMINISTRATIVE REVIEW
     APPEAL OF                                 DOCKET NO. CF 230137-RO
                                           :   DRO DOCKET NO. ZKC 852437-FR     
                 COPLEY PLAZA,                                  
                                           :   
                            PETITIONER               
     --------------------------------------X   
          
                                          
           ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


     On June 7, 1988, the above named petitioner-landlord filed an appeal in 
     accordance with the applicable provisions of the City Rent Law and 
     Regulations against an order issued on May 6, 1988, by the Rent 
     Administrator of the Gertz Plaza, Jamaica, Rent Office, concerning the 
     housing accommodation known as 41 Eastern Parkway, 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, 1985.

     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 #6 oil during the calendar year 1984.

     On appeal, the landlord urges, in substance, that the price of #6 fuel oil 
     increased during 1984.

     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 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 1985, a finding was promulgated that the price of #6 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 







          DOCKET NO.:  CF 230137-RO

     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 that there was an increase in the price of #6 oil during 
     1984 contradicts a previous finding by the Administrator.  Moreover, the 
     owner makes this argument for the first time on appeal, although it had 
     been afforded an opportunity to make this argument before the 
     Administrator.

     The Commissioner is of the opinion the Rent Administrator correctly 
     suspended Fuel Cost Adjustments for the calendar year 1985

     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
                                                 Acting Deputy Commissioner
    

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