Docket No. DB120037RO
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 REVIEW
APPEAL OF DOCKET NO.: DB120037RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
James Sclafani NO.: QC851442FR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 6, 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 January 18,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodation known as 64-32 Catalpa
Avenue, Apt. 1, 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 #2
oil during the calendar year 1985.
On appeal, the landlord states, in substance, that the answer
to the Notice of Commencement of Proceeding to Suspend and Revoke
Fuel Cost Adjustment, was timely filed with the Agency. Tenant was
timely notified.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
9NYCRR 2202.13 provides that where a landlord has obtained fuel
Docket No. DB120037RO
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 #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.
On December 20, 1988 the owner was notified that a proceeding
to suspend the fuel cost adjustment for 1985 had been commenced
based on the owner's failure to file a timely report of the fuel
cost decrease for fuel delivered in 1984.
On December 30, 1988, the owner, petitioner herein, answered
that notice and alleged that it had filed the required report.
Attached to the answer was a purported copy of a report for fuel
delivered during 1983 (sic). That is, the report submitted was not
relevant to eligibility for 1985. The report is dated February 15,
1984 (sic), but is not date-Stamped as received by the Division.
As the owner did not submit any documentary evidence of having
filed the aforementioned report with the DHCR, the Commissioner
finds that the Administrator's order should be affirmed.
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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