Docket No. DC230188RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DC230188RO
DRO DOCKET NO.:
Patricia Denman AK220159FR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 16, 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 14,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York Rent Office, concerning the housing accommodation known as 982
Myrtle Avenue, Various Apartments, Brooklyn, New York 11206.
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
Brooklyn Union "Non-Interruptible" Gas during the calendar year
On appeal, the landlord states, in substance, that his records
show no evidence of a fuel cost increase being granted.
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
prices, the landlord must serve and file a report of fuel price
Docket No. DC230188RO
In early 1986, a finding was promulgated that the price of
Brooklyn Union "Non-Interruptible" Gas 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 27, 1986.
The Commissioner notes that Division records indicate that the
subject building received a Fuel Cost Adjustment in 1980. It was
suspended in 1981 and the landlord filed no reports until the
untimely 1986 report. The Commissioner also notes that if the
owner did not collect a Fuel Cost Adjustment in 1986 then no refund
or rent reduction was required by the order herein under appeal.
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.
Joseph A. D'Agosta