ADM. APPEAL DOCKET NOS.: DB230232RO & DB230204RO
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 NOS.:
DB230232RO
DB230204RO
D.R.O. DOCKET NOS.:
SLOPE REALTY CO. AK220165FR & AK220166FR
PETITIONER
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
These petitions have been consolidated as they involve common
issues of law and fact and the same petitioner. The above named
petitioner filed timely Petitions for Administrative Review against
orders issued on February 8, 1989, by the Rent Administrator of the
Gertz Plaza, Jamaica, New York, concerning housing accommodations
known as 181 & 182 Prospect Park West, 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 orders appealed herein suspended all
fuel cost adjustments for the period January 1, 1986 through
December 31, 1986.
These orders were based upon a finding that the owner of the
subject buildings had previously obtained allowable fuel cost
adjustments and failed to timely serve and file the required
reports of fuel cost decrease by reason of a decrease in the price
of Brooklyn Union "Non-Interruptible" Gas during the calendar year
1986.
On appeal the landlord states, in substance, that the 1986
fuel cost adjustment was filed and served on all the affected
tenants with the applicable reductions and refunds.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeals
should be denied.
ADM. APPEAL DOCKET NOS.: DB230232RO & DB230204RO
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.
A review of the record reveals that each of the "Landlord's
Report, Certification and Notice of Fuel Cost Adjustment
Eligibility-1986" was not received by the Rent Office until May 27,
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 these administrative appeals be, and the same
hereby are, denied, and that the orders of the Rent Administrator
be, and the same hereby are, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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