DOCKET NO.: DC 230292-RO
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. DC 230292-RO
: DRO DOCKET NO. AK 220177-FR
D/B/A SLOPE REALTY CO., :
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 17, 1989, the above named petitioner-landlord filed a Petition
for Administrative Review (PAR) against an order issued on February 17,
1989 by the Rent Administrator concerning the housing accommodation known
as 177 16th Street, Brooklyn, NY.
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
adjustment for the period January 1, 1986 - 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 Brooklyn Union Non-Interruptible Gas during
the calendar year 1985.
On appeal, the landlord states, in substance, that the tenants were served
with the 1986 Fuel Cost Readjustment and that they received a rent
reduction, and full credit for the months in which they overpaid.
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.
In early 1986, a finding was promulgated that price of Brooklyn Union Non
Interruptible Gas had declined during 1985. Therefore, the subject
landlord was required to file and serve fuel cost decrease reports on or
before May 14, 1986.
An examination of the record reveals 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.
Accordingly, after a careful consideration of the entire evidence of
record, the Commissioner is of the opinion that the administrative appeal
should be denied.
THEREFORE, in accordance with the applicable provisions of the Rent and
DOCKET NO.: DC 230292-RO
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