Docket No. CL120185RO
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.: CL120185RO
DISTRICT RENT
George Kashis ADMINISTRATOR'S DOCKET
NO.: QC850784FR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 9, 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 4,
1988 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodation known as 48-08 108
Street, Apt. 1F, 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 a copy of
the Order given to him by the tenant was the first knowledge the
landlord had of this proceeding. The Order was issued to the owner
at an address which has been defunct for over six (6) years. The
owner has given the agency numerous notices about the change in
address.
A review of the record reveals that the DHCR had been
previously notified that the owner had moved to 5 Joseph Lane, and
that the notice of commencement of the proceeding to suspend the
fuel cost adjustment as well as the order was mailed to the owner's
Docket No. CL120185RO
previous address.
After careful consideration of the entire evidence of record,
the Commissioner is of the opinion that the appeal should be
denied.
9NYCRR 2202.13e 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. This obligation to file is independent of any notice by
the DHCR.
In early 1985, a finding was promulgated that the price of #2
oil had declined during 1984. The subject owner was required to
file and serve fuel cost decrease reports on or before May 15,
1985.
The record contains no evidence that the required report was
filed with the Rent Office on or before May 15, 1985. Although the
owner argues that he was denied due process in this proceeding, he
submits no evidence that the required report was timely filed, nor
does he even allege that such evidence exists or that in fact the
report was timely filed. Therefore, the Commissioner finds that
the fuel cost adjustment was properly suspended for the calendar
year 1985.
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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