Docket No. DC220241RO

                                    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 REVIEW
          APPEAL OF                               DOCKET NO.: DC220241RO  

                                                  DISTRICT RENT             
          John Sorrentino                         ADMINISTRATOR'S DOCKET
                                                  NO.: AK220137FR
           
                                   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 February 10, 1989 
     by the Rent Administrator of the Gertz Plaza, Jamaica, New York, 
     concerning the housing accommodations known as 1496 Greene Avenue, 
     Apartment 3rd Floor, 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 on a finding that the landlord of the subject 
     building had previously obtained allowable fuel cost adjustments and 
     failed to timely file in 1986 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 filed the 1986 
     fuel forms on April 10, 1986 and the DHCR made an error on the price 
     change and the new set of forms with the price change was sent on August 
     1, 1986.  A copy of the report was submitted on appeal.

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

         Under the provisions of 9NYCRR 2202.13e, 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 












          Docket No. DC220241RO

     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.  In addition, the Notice stated that if the owner 
     filed the Fuel Cost Report with the DHCR by May 14, 1986, the owner must 
     refile for a decrease passalong, by September 3, 1986.

         A review of the record reveals the owner filed the fuel report with 
     the DHCR on April 30, 1986.  Furthermore since the report was filed on or 
     before May 14, 1986, the owner refiled with the correct price change which 
     was received by the Division on August 26, 1986.  Therefore, the 
     Commissioner finds that the fuel cost adjustment should not have been 
     suspended 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 the landlord's appeal be, and the same hereby is, 
     granted; that the Rent Administrator's order be, and the same hereby is, 
     revoked; and that the monthly cumulative fuel cost adjustment for the 
     subject building as of January 1, 1986 is reinstated in the amount of 
     $4.70 per room, per month, and itis 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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