ADM. APPEAL DOCKET NO.: DC220198RO
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.: DC220198RO
ANIS KHAN DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AK220138FR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 9, 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 10,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, NY,
concerning the housing accommodation known as 167 Greenpoint
Avenue, Apt. 2R, Brooklyn, N.Y.
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 he did not
file the Fuel Cost Adjustment Report before May 14, 1986, because
as he remembers he received the fuel form on or about May 14, 1986,
if he had received the forms earlier he would have filed timely.
In addition, the owner states, the Fuel Cost Adjustment Report did
not state that the Report should not be filed after May 14, 1986.
The owner was not aware that the time had expired.
ADM. APPEAL DOCKET NO.: DC220198RO
After careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
9NYCRR2202.13 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.
The Commissioner notes the fact that in 1986 a Special Notice
was issued informing the owner that the fuel price changes in 1985
were previously incorrectly stated, and the correct price changes
were stated in the Special Notice. Furthermore, the Notice stated
that if the owner filed the Fuel Cost Report with the DHCR by May
14, 1986, the owner could not file the Report thereafter.
Furthermore, the Commissioner notes that the 1986 Fuel Cost
Adjustment Report did in fact state that the Report must be filed
with the DHCR on or before May 14, 1986.
In this matter it is undisputed that a "Landlord's Report
Certification and Notice of Fuel Cost Adjustment Eligibility-1986
was not served on the tenant or received by the Rent Office on or
before May 14, 1986.
Accordingly, the Commissioner is of the opinion that 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
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