ADM. APPEAL DOCKET NO.: CK120180RO
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 APPEAL
APPEAL OF DOCKET NO.: CK120180RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: QC850262FR
JOHN C. BOYLE
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 22, 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 October 28,
1988 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodation known as 32-52 41st
Street, various apts., Queens, 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 through
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 #2
oil during the calendar year 1984.
On appeal, the landlord states, in substance, that statements
from Rent Controlled tenants attesting to the fact that they
received the fuel cost report on May 13, 1985 and that they
received a refund in the form of credit to the June 1985 rental was
submitted on appeal. In addition the owner states that the fuel
cost report was mailed to the DHCR (Hillside Office) on May 13,
1985.
ADM. APPEAL DOCKET NO.: CK120180RO
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 #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.
As the owner did not submit any documentary evidence of having
filed the aforementioned report with the DHCR, the Commissioner
finds that the Administrator's order should be affirmed.
Furthermore, the Commissioner notes that the signed affidavits
submitted on appeal are found to be insufficient to excuse the
failure to file. The affidavits indicate, at best, that the owner
has complied with the Administrator's order.
In addition, the Commissioner notes that on June 6, 1988 the
owner requested an extension of time "to show proof of timely
mailing of fuel adjustment, as my accountant is moving his office."
Neither the affidavits submitted for the first time on appeal nor
any other evidence of timely mailing was submitted to the
Administrator, despite the implication that such evidence was in
the hands of the owner's accountant.
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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