ADM. APPEAL DOCKET NO.: DC230143RO
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.: DC230143RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
240 CROWN STREET CORP. NO.: AK220061FR
PETITIONER
------------------------------------X
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 Rent Office, concerning the housing accommodation known as 240
Crown Street, Various Apartments, 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 the person
responsible for filing the fuel report was not available during the
month of May, as he was undergoing surgery. The landlord further
states that also at that time, the building was being transferred
to a new agent and the office was moving to a new location. He
also states that the new agent started operation June, 1986. The
landlord further claims that based on the circumstances it was told
by a staff member of the DHCR that it could send in the form within
30 days, which it claims was done.
ADM. APPEAL DOCKET NO.: DC230143RO
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.
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 June 18, 1986, more than
30 days after the deadline.
[The Commissioner notes that the Fuel Cost Adjustment figures
for the previous year are available from the Division each March.
The figures are also published in the City Record.]
The Commissioner also notes that there are no extensions for
the filing of the Fuel Cost Report. Furthermore, a staff person
would not have the authority to grant an extension. Nor is there
any record of an extension having been sought or granted. The
landlord's untimely submission was itself not accompanied by a
statement from the landlord that it was being submitted pursuant to
an extension of time. Most importantly, as noted above, the Report
was not received within 30 days of the deadline.
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
|
