Docket No. CL130161RO
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 ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CL130161RO
Hanns G. Stenger NO.: QC850653FR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 2, 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 37-02 63 Street
Various, Apartments, 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 he may have
applied for the fuel cost adjustment increase, however no such
increase was ever charged to the tenants. Signed statements from
tenants to that effect were submitted on appeal.
9NYCRR 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
In early 1985, a finding was promulgated that the price of #2
Docket No. CL130161RO
fuel oil had declined during 1984. the subject landlord was
required to file and serve fuel cost decrease reports on or before
May 1, 1985.
In this matter it is undisputed that a "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility -
1985" was not served on the tenants or received by the Rent Office
on or before May 15, 1985.
The Commissioner notes that the Administrators' 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 implied in the Administrators' order that if
the owner did not collect any fuel cost adjustment for the period
covered by the order then no refund by the owner was required by
the order. Therefore, the owner was not aggrieved by the order
Accordingly, the Commissioner is of the opinion the Rent
Administrator correctly suspended Fuel Cost Adjustments 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.
Joseph A. D'Agosta