DOCKET NO.: CK630195RO
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 :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. CK630195RO
ANTHONY McGARRY, DRO DOCKET NO. BC850944FR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 17, 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 September 19, 1988 by the Rent
Administrator of the Gertz Plaza, Jamaica, New York, concerning housing
accommodations known as 265 East 237 Street, Apts. 1A & 2A, Bronx, 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 adjustment and failed to timely
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 he did not receive fuel
increases in 1985.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
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, 1988. It is undisputed that
no such filing took place. The suspension procedure is initiated by the
Division whenever an owner fails to timely file a notice of fuel cost
The Commissioner is of the opinion the Rent Administrator correctly suspended
the Fuel Cost Adjustment for the calendar year 1985.
DOCKET NO.: CK630195RO
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,
JOSEPH A. D'AGOSTA