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
    

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