STATE OF NEW YORK 
                                OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                              JAMAICA, NEW YORK  11433

          APPEAL OF                               DOCKET NO.: DC230182RO

                                                  DISTRICT RENT
                                                  OFFICE DOCKET
                                                  NO.: AK220020FR


               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 February 8, 
          1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New 
          York Rent Office, concerning the housing accommodation known as 377 
          Montgomery Street, Apts. A9, Basement Front, 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 
          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.  In addition, the landlord alleges its 
          offices were moved and its agent was replaced in or around June, 

          ADM. APPEAL DOCKET NO.: DC230182RO

               After 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 

               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.  (One page of it was signed June 16, 
          1986 even though the owner alleges it was filed on June 9, 1986.

               [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 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.


                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner       

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