ADM. APPEAL DOCKET NO.: DC230097RO
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 APPEAL
APPEAL OF DOCKET NO.: DC230097RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AK220107FR
JORALEMON ARMS CO.
PETITIONER
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 6, 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 8,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, N.Y.,
concerning the housing accommodation known as 131 Joralemon Street,
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 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 when the
first forms for Fuel Passalong for 1986 came out, the landlord was
told by the DHCR that these forms had been printed incorrectly. It
allegedly was told by the DHCR that new forms were to be issued and
that all owners had been given an extension to file the 1986 forms
by September 2, 1986 no matter what type of fuel was being used.
ADM. APPEAL DOCKET NO.: DC230097RO
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 owners that the fuel price changes in 1985
were previously incorrectly stated for six 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 fuels
not specified on the notice no extension time was granted. In
addition, even if there was no increase or decrease in the cost of
fuel used by the owner, the owners were nevertheless told to file.
The owner's allegation that it was mislead is not credible. It
seems most probable that the owner misunderstood the information
given.
A review of the record reveals that a "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1986"
was not received by the Rent Office until August 29, 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
|