Docket No. CL120143RO
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 REVIEW
APPEAL OF DOCKET NO.: CL120143RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
James Flynn NO.: QC851130FR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 1, 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 November 22,
1988 by the rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodation known as 18-16 Woodbine
Street, Apartment 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 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, that he did submit a response,
dated April 22, 1985, in answer to the 1984 fuel cost revision.
However, that response was not the required report but rather a
letter in which the owner stated in substance, that the fuel cost
report was apparently filed in 1980 but the prior owner's record
reveals it was never collected.
A review of the record reveals that the prior owner did file
the fuel cost report one time only which was for 1980.
After a careful consideration of the entire evidence of record
the commissioner is of the opinion that the administrative appeal
Docket No. CL120143RO
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. It is undisputed that the required report was not
timely submitted.
The Commissioner notes that the Administrator's order required
the landlord to refund money to the tenant only if a fuel cost
adjustment increase was actually collected. The Commissioner
further notes that it is implied in the Administrator's order that
if the owner's allegation that he never collected a fuel cost
adjustment is true, then the landlord would not have to refund any
money to the tenant.
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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