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 :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. DC 220364-RO
LEON GOLDSTEIN DRO DOCKET NO. AK 220176-FR
D/B/A SLOPE REALTY CO., :
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 24, 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 March 1, 1989 by the Rent
Administrator, Gertz Plaza, Jamaica, New York, concerning the housing
accommodations known as 252 12th Street, Brooklyn, New York.
The issue in this proceeding is whether Fuel Cost Adjustments should
have been suspended for the calendar year 1986.
The Rent Administrator's order appealed herein suspended all fuel cost
adjustments for the period January 1, 1986 through December 31, 1986.
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 Brookl n Union "Non-
Interruptible" Gas during the calendar year 1985.
On appeal, the landlord states, in substance, that it filed the 1986
fuel cost adjustment and served it on all the affected tenants and gave
the tenants the applicable reduction and refund in 1986 as well as
serving the Agency.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
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 220365-RO
In early 1986, a finding was promulgated that the price of Brooklyn
Union "Non-Interruptible" Gas had declined during 1985. The subject
landlord was required to file and serve fuel cost decrease reports on
or before May 14, 1986.
A review of the records reveal that a "Landlord's Report, Certification
and Notice of Fuel Cost Adjustment Eligibility - 1986" was not received
by the Rent Office until July 15, 1986.
The Commissioner is of the opinion that the Rent Administrator
correctly suspended Fuel Cost Adjustments for the calendar year 1986.
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
Acting Deputy Commissioner