Docket No. DC230208RO
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.: DC230208RO
DISTRICT RENT
Joseph Ansbacher ADMINISTRATOR'S DOCKET
NO.: AK220074FR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 3, 1989 the above named petitioner-landlord timely
refiled an appeal in accordance with the applicable provisions of
the City Rent Law and Regulations against an order issued on
January 26, 1989 by the Rent Administrator of the Gertz Plaza,
Jamaica, New York, concerning the housing accommodation known as
7609 21st Avenue, Apartments 2F, 3F, 3R, 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
Brooklyn Union "Non-Interruptible" Gas during the calendar year
1985.
On appeal, the landlord states, in substance, that the fuel
passalong forms were filed and a decrease in rent was reflected in
the monthly rent charged to the tenants. A copy of the report was
submitted on appeal. In addition the owner states, that the Notice
of Commencement of Proceeding to Suspend and Revoke Fuel Cost
Adjustment 1986 and the Order of Suspension and Revocation was
mailed to the old address, the new address was filed with the DHCR.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
Docket No. DC230208RO
should be denied.
At the outset, the Commissioner notes that the owner was not
prejudiced by the incorrectly addressed order. The only issue to
be resolved is whether the required fuel cost decrease report was
timely filed.
9NYCRR 2202.13e 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
Brooklyn Union "Non-Interruptible" Gas 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 November 10, 1986.
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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