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



     --------------------------------------X
     IN THE MATTER OF THE ADMINISTRATIVE   :   
     APPEAL OF                                 ADMINISTRATIVE REVIEW
                                           :   DOCKET NO. CL130170RO
           JACMI REALTY CORP.,                 DRO DOCKET NO. QC850506FR
                            PETITIONER     :  
     --------------------------------------X   
                                               

            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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