DHCR Decisions
ADM. APPEAL DOCKET NO.: DA130122RO
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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE APPEAL
APPEAL OF DOCKET NO.: DA130122RO
DISTRICT RENT
OFFICE DOCKET
NO.: QC851368FR
BRIGHTON PROPERTIES
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 17, 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 December 27,
1988 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodation known as 70-11 108th
Street, Various Apts., 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 each
tenant's rent was reduced in the correct amount in 1985. The owner
also alleges that it had been informed by a staff member of the
DHCR that the promulgation of the notice of fuel cost decrease had
occurred on May 15, 1985. Therefore, the owner's July 12, 1985
filing of the required report was timely.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
ADM. APPEAL DOCKET NO.: DA130122RO
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 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. Therefore, the July 12,1985 filing was untimely.
The notice of fuel cost decrease is published in the City Record.
It is the owner's responsibility to learn of that notice and to
file within 60 days thereof. It is not credible that a DHCR staff
member told the owner it had 60 days from May 15, 1985 to file.
May 15, 1985 was the actual deadline itself. It is clear that the
owner at best misunderstood what it was told by the staff member.
Furthermore, the Commissioner notes that on June 7, 1988 the
owner was served with a Notice of Commencement of Proceeding to
Suspend and Revoke Fuel Cost Adjustment 1985. This notice stated
that the owner was to have filed the required report on May 15,
1985. In response to this notice the owner made no allegation that
it had been misinformed by the Division.
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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