Docket No. DC 130293.RO
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 ADMINISTRATIVE APPEAL
APPEAL OF DOCKET NO.: DC 130293-RO
DRO DOCKET NO.:
QC 850843-FR
Petar Gina PETITIONER
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 13, 1989 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 February
8, 1989 by the Rent Administrator, of the Gertz Plaza, Jamaica,
New York, Rent Office, concerning the housing accommodation known
as 71-06 67th Place, Queens, NY.
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 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 fuel oil during the calendar year 1984.
On appeal, the landlord urges, in substance, that it had
filed the report on a timely basis.
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 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 prices, the landlord must serve and file a report of fuel
price decrease.
Docket No. DC 130293-RO
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. An examination of the record indicates that
the landlord did not file the report on a timely basis. The
purported copy of the report submitted on appeal bears no date
stamp or other proof of timely mailing. Furthermore, although
the prior owner advised the Division on May 31, 1988 that the
subject building had been sold as of March, 1986, the
Commissioner notes that the report dated May 1, 1985 submitted on
appeal was signed by the current owner petitioner
The Commissioner additionally notes that on January 4, 1989,
over one month before the Issue Date of the Order, the landlord
was served with a "Notice of Commencement of Proceedings to
Suspend and Revoke Fuel Cost Adjustment", which gave the landlord
twenty days to answer, and that the landlord did not answer this
notice. Having failed to answer the Notice, the landlord
cannot file evidence for the first time on appeal.
The Commissioner is of the opinion that 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.
ISSUED:
___________________________
Joseph A. D'Agosta
Acting Deputy Commissioner
|
