Docket No. CL620127RO
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.: CL620127RO
Artha Management, Inc. ADMINISTRATOR'S DOCKET
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-landlord filed an administrative
appeal in accordance with the applicable provisions of the City
Rent Law and Regulations against an order issued on October 20,
1988 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodations known as 3810-20 Bailey
Avenue, Various Apartments, Bronx, 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 on a finding that the landlord of the
subject building had previously obtained allowable fuel cost
adjustments and failed to timely file in 1985 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 the fuel
cost order was mailed to the wrong address. In addition the owner
states there is another outstanding open docket (BC000604FR) which
refers to the exact same matter.
A review of the record reveals that an Order Denying
Application or Terminating Proceeding was issued on December 10,
1985 under docket number BC000604FR, finding that the landlord
filed a timely 1984 fuel cost report.
After a careful consideration of the entire evidence of record,
Docket No. CL620127RO
the Commissioner is of the opinion that the appeal should be
Under the provisions of 9NYCRR 2202.13e, 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 price, the landlord must serve and file a report of fuel
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.
A review of the record reveals that the required Landlords'
Report, Certification and Notice of Fuel Cost Adjustment
Eligibility-1985 was received by the Rent Office date-stamped April
25, 1985. Therefore, the Commissioner finds that the fuel cost
adjustment should not have been suspended for the calendar year
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City, it is
ORDERED, that the landlord's appeal be, and the same hereby is,
granted; that the Rent Administrator's order be, and the same
hereby is, revoked; and that the monthly cumulative fuel cost
adjustment for the subject building as of January 1, 1985 is
reinstated in the amount of $3.74 per room, per month, and it is
further ordered that the tenants may pay any arrears in rent
arising as a result of this order in twelve (12) equal monthly
Joseph A. D'Agosta