Docket No. DC230217RO
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.: DC230217RO
Kathryn Moran ADMINISTRATOR'S DOCKET
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 10,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York, concerning the housing accommodation known as 1489 East 8th
Street, Apartments. A4, B2, and B3, 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 Brooklyn
Union "Non-Interruptible" Gas during the calendar year 1985.
On appeal, the landlord states, in substance, that she had not
received any prior notification for the 1986 fuel report, and
admits the fuel report was filed on July 14, 1986. As of August 1,
1986 the rent reflected the reduced amount for fuel and the tenants
were credited with the full retroactive decrease back to January 1,
1986. Therefore, the landlord contends the suspension for a year
is too harsh a penalty.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
Docket No. DC230217RO
should be denied.
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
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 "Landlords' Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1986"
was not received by the Rent Office until July 28, 1986.
[The Commissioner notes that the Fuel Cost Adjustment figures
for the previous year are available from the Division each March.
The Division does not individually inform each owner. The figures
are also published in the City Record.]
Accordingly, the Commissioner is of the opinion the Rent
Administrator correctly suspended Fuel Cost Adjustments for the
calendar year 1986. The allegation that the suspension is too
harsh a penalty is insufficient to reverse or modify the
Administrator's order. The suspension is not discretionary.
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