Docket No. CH 230172-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.: CH 230172-RO
DRO DOCKET NO.:
376 East 94th St. Realty Assoc. ZKC 852556-FR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 25, 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 August 8, 1988
by the Rent Administrator of the Rent Office, concerning the
housing accommodation known as 376 East 94th Street, Various
Apartments, 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,
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 contrary to
the Administrator's finding it did file the 1984 report on a timely
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 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
Docket No. CH 230172-RO
of fuel price decrease.
In early 1985, a finding was promulgated that the price of #6
fuel cost has declined during 1984. The subject landlord was
required to file and serve fuel cost decrease reports on or before
May 15, 1985.
An examination of the record reveals that the 1984 report of
fuel price decrease is not on file with the Administrator.
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