DOCKET NO.: CL130170RO
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 :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. CL130170RO
JACMI REALTY CORP., DRO DOCKET NO. QC850506FR
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 8, 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 housing
accommodations known as 50-05 45th Street, Various apts., 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 it made several requests
to the District Rent Office that it be notified if it was required to file a
report of fuel cost price decrease. The owner allegedly was informed that
there had been no fuel cost price decrease for 1985. The owner requested
that in the event such decrease was determined, that it be informed so that
it could file the required report. The owner was never informed of the
decrease. In addition the owner states it filed the required reports of fuel
cost decrease for all prior years as required and at all time has acted in
good faith.
Two tenants responded to the owner's appeal stating they had paid the fuel
cost for 1985.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
denied.
9 NYCRR 2202.13 provided 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.
DOCKET NO.: CL130170RO
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.
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.
Ignorance of the filing requirements of fuel cost adjustment does not excuse
the failure to file, even if allegedly based on incorrect information
obtained from a member of the staff of the DHCR.
[The Commissioner notes that the Fuel Cost Adjustment figures for the
previous year are available from the Division each March. The Division does
not individually inform each owner. The figures are also published in the
City Record. A landlord who called before the figures or the forms are
available will be told to call back. Even if there was no increase or
decrease in the cost of fuel used by the owner, the owner would nevertheless
be told he has to file. It seems most probable that the owner misunderstood
the information given when he called.]
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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