DOCKET NO.:  DC230164RO
                              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   :   
     APPEAL OF                                 ADMINISTRATIVE REVIEW
                                           :   DOCKET NO. DC230164RO
             MORRIS REALTY,                    DRO DOCKET NO. AK220064FR
                            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 January 30, 1989 by the Rent 
     Administrator of the Gertz Plaza, Jamaica, New York, concerning housing 
     accommodations known as 1315 48 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 the Fuel Report was filed.  
     A copy of the report was submitted on appeal.

     After a careful consideration of the entire evidence of record the 
     Commissioner is of the opinion that the administrative appeal should be 
     denied.

     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 the "Landlord's Report, Certification and 
     Notice of Fuel Cost Adjustment Eligibility - 1986" was not received by the 
     Rent Office until May 19, 1986. 









          DOCKET NO.:  DC230164RO


     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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