Docket No. CL130210RO
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.: CL130210RO
Dixsun Company ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 16, 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 December 8,
1988 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodation known as 35-05 Parsons
Boulevard, 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 #6
oil during the calendar year 1984.
On appeal, the landlord states, in substance, that the fuel
cost adjustment was filed for 1985. A copy of the report was
submitted on appeal.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
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
Docket No. CL130210RO
prices, the landlord must serve and file a report of fuel price
In early 1985, a finding was promulgated that the price of #6
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.
A review of the record reveals that a "Landlord Report
Certification and Notice of Fuel Cost Adjustment Eligibility -
1985" was not received by the Rent Office until date-stamped May
17, 1985. The owner has submitted no proof of timely mailing on or
prior to May 15, 1985.
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