Docket No. CG 220075-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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CG 220075-RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
James Hatgipetros NO.: ZKC 852782-FR
PETITIONER
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ORDER AND OPINION TERMINATING ADMINISTRATIVE REVIEW PROCEEDING
On July 1, 1988, the above-named petitioner-landlord filed an
administrative appeal in accordance with the applicable provisions
of the City Rent Law and Regulations against an order issued on May
31, 1988 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, Rent Office, concerning the housing accommodations known as
325 Marine Avenue, Various Apartment, Brooklyn, New York.
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 on a finding that the landlord of the
subject building had previously obtained allowable fuel cost
adjustments and failed to timely file in 1985 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 alleges, in substance, that the report
of fuel cost decrease had been filed on a timely basis. Moreover,
the owner claims on appeal that the burner in the subject building
uses #4 oil, not #6 oil as stated in the Administrator's order
being appealed herein.
After a careful consideration of the entire evidence of
record, the Commissioner is of the opinion that this proceeding
should be terminated.
Under the provisions of 9 NYCCR 2202.13e, where a landlord has
Docket No. CG 220075-RO
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, 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. Had the subject landlord used
#6 fuel oil for 1984 he would have been required to file and serve
a fuel cost decrease report on or before May 15, 1985.
The record reveals that a landlord's report was filed with the
Rent Office on April 4, 1985. This report showed that the landlord
had used #4 oil during 1984 which oil had a price increase during
that period.
On September 20, 1990, under docket number EE 230035-RP the
Administrator found that the owner had timely filed the 1985
report, and that the owner used #4 oil. The Administrator's order
being appealed herein was revoked. Accordingly, this
administrative appeal must be terminated as moot.
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City, it is
ORDERED, that this Administrative Review proceeding be
terminated as moot.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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