DOCKET NO.:  DC120193RO
                
                             STATE OF NEW YORK
                      DIVISION OF HOUSING AND COMMUNITY RENEWAL
                          OFFICE2222 OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                              JAMAICA, NEW YORK  11433

     --------------------------------------X
     IN THE MATTER OF THE ADMINISTRATIVE   :   
     APPEAL OF                                 ADMINISTRATIVE REVIEW
                                           :   DOCKET NO. DC120193RO
             WEINER REALTY CO.,                DRO DOCKET NO. QC851245FR
                            PETITIONER     :  
     --------------------------------------X   
                                               
            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW

     On March 13, 1989 the above named petitioner-landlord filed an administrative 
     appeal in accordance with the applicable provisions of the City Rent Law and 
     Regulations against an order issued on November 29, 1988 by the Rent 
     Administrator of the Gertz Plaza, Jamaica, New York Rent Office, concerning 
     housing accommodations known as 76-66 Austin Street, Various Apts., Forest 
     Hills, New York.  The landlord's petition is deemed timely since the 
     Administrator's order had been mailed to the wrong address.

     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 landlord of the subject building 
     had previously obtained allowable fuel cost adjustments and failed to timely 
     file in 1985 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 the 1985 Fuel Cost Report 
     was filed timely.  A copy of the report was submitted on appeal along with a 
     receipt for certified mailing showing the mailing was received on May 14, 
     1985.  

     After a careful consideration of the entire evidence of record the 
     Commissioner is of the opinion that the administrative appeal should be 
     granted.

     Under the provisions of 9 NYCRR 2202.13 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 price, 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. 
     A review of the record reveals that the required reports were filed with the 
     Rent Office on May 14, 1985.  Therefore, the Commissioner finds that the fuel 
     cost adjustments should not have been suspended for the calendar year 1985.

     THEREFORE, in accordance with the applicable provisions of the Rent and 
     Eviction Regulations for New York City, it is







          DOCKET NO.:  DC120193RO


     ORDERED, that this administrative appeal be, and the same hereby is, granted; 
     that the Rent Administrator be, and the same hereby is revoked; and that the 
     monthly cumulative fuel cost adjustment for the subject building as of 
     January 1, 1985 is reinstated  in the amount $4.21 per room, per month, and 
     it is further ordered that the tenants may pay any arrears in rent arising as 
     a result of this order in twelve (12) equal monthly payments.

     ISSUED:



                                                                            
                                                    JOSEPH A. D'AGOSTA
                                                    Deputy Commissioner
      
    

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