ADM. APPEAL DOCKET NO.: DC230012RO
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.: DC230012RO
DISTRICT RENT
OFFICE DOCKET NO.:
AK220040FR
JEFRY REALTY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 1, 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 January 30,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodation known as 130 Avenue P,
Apts. 1A, 1P, 2B, 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 #6
oil during the calendar year 1985.
On appeal, the landlord states, in substance, that while
acknowledging that the fuel cost report was untimely (June 26, 1986
rather than May 14, 1986) the filing was made and the proper rent
adjustment/reduction were sent to each rent controlled tenant
retroactive to January 1986. In addition since the DHCR made an
error in the original issued fuel passalong figures, owners were
subsequently given until September 3, 1986 to file.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
ADM. APPEAL DOCKET NO.: DC230012RO
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 #6
fuel oil 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 fact that in 1986 a Special Notice
was issued informing the owner that the fuel price changes in 1985
were previously incorrectly stated for 6 specified fuels, not
including #6 oil, and the correct price changes were stated in the
Special Notice. Furthermore, the Notice stated that for owners who
used fuel types other than the 6 specified fuels no extensions were
granted beyond the May 14, 1986 deadline.
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 tenants or received by the Rent Office on or
before May 14, 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
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