DOCKET NO.:  CL110202RO
                              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



     --------------------------------------X
     IN THE MATTER OF THE ADMINISTRATIVE   :   
     APPEAL OF                                 ADMINISTRATIVE REVIEW
                                           :   DOCKET NO. CL110202RO
              P. LAUTH,                        DRO DOCKET NO. QC850976FR
                            PETITIONER     :  
     --------------------------------------X   
                                               

            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 
     granted.

     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.

     ISSUED:



                                                                            
                                                    JOSEPH A. D'AGOSTA
                                                    Deputy Commissioner
      
    

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