DHCR Decisions
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
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IN THE MATTER OF THE ADMINISTRATIVE :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. DC230164RO
MORRIS REALTY, DRO DOCKET NO. AK220064FR
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 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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