DHCR Decisions
Docket No. DC230149RO
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 REVIEW
APPEAL OF DOCKET NO.: DC230149RO
DRO DOCKET NO.: AK220041FR
Marvin Court Inc.
PETITIONER
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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 10,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodation known as 1780 East 13th
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 proof of
filing the Fuel Cost Report is attached. The submitted copy bears
no date stamp showing when or if it was received by the Division.
Nor is any proof of mailing attached.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
9NYCRR 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
Docket No. DC230149RO
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 "Landlords Report
Certification and Notice of Fuel Cost Adjustment Eligibility-1986"
was not received by the Rent Office until date stamped May 22,
1986. The Commissioner notes that the copy received on May 22,
1986 was dated May 16, 1986 by the landlord whereas the copy
submitted on appeal was dated May 6, 1986 by the landlord. The
owner has submitted no proof of timely mailing on or prior to May
14, 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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