ADM. APPEAL DOCKET NO.: DB230095RO
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.: DB230095RO
DISTRICT RENT
OFFICE DOCKET NO.:
AK220077FR
HARRY CHALBIS
PETITIONER
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 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 February 8,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodations known as 510-512 84th
Street, Various Apts., 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
Brooklyn Union "Non-Interruptible" Gas during the calendar year
1985.
On appeal, the landlord states, in substance, that the notice
of fuel cost adjustment-1987 was hand delivered to each tenant
showing the decrease in the cost of gas in 1986, each tenant's rent
was reduced accordingly. A copy of the 1987 report was submitted
on appeal.
ADM. APPEAL DOCKET NO.: DB230095RO
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 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.
The Commissioner notes the landlord's fuel cost report
submitted on appeal is for the wrong year 1987, the year in
question is the 1986 fuel report. A review 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 May 22, 1986.
Accordingly, the Commissioner is of the opinion 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
