DOCKET NO.: CL110202RO
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. CL110202RO
P. LAUTH, DRO DOCKET NO. QC850976FR
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 6, 1989 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 December 14, 1988 by the Rent
Administrator of the Gertz Plaza, Jamaica, New York, concerning housing
accommodations known as 18-70 Menahan Street, Apt. 2R, 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
file in 1985 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 the fuel cost adjustment
was filed and mailed timely. A copy of the report was submitted on appeal.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
Under the provisions of 9 NYCRR 2202.13, 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 price, 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.
A review of the record reveals that the required Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility - 1985 was
received by the Rent Office date-stamped April 26, 1985. Therefore, the
Commissioner finds that the fuel cost adjustment should not have been
suspended for the calendar year 1985.
DOCKET NO.: CL110202RO
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, granted;
that the Rent Administrator's order be, and the same hereby is, revoked and
that the monthly cumulative fuel cost adjustment for the subject building as
of January 1, 1985 is reinstated in the amount of $2.26 per room, per month,
and it is further ordered that the tenants may pay any arrears in rent
arising as a result of this order in twelve (12) equal monthly payments.
JOSEPH A. D'AGOSTA