DOCKET NO.: DC 230282-RO
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. DC 230282-RO
: DRO DOCKET NO. AK 220035-FR
GOLDIE REALTY ASSOCIATES,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 13, 1989, the above named petitioner-landlord filed an appeal in
accordance with the applicable provisions of the New York City Rent and
Eviction Regulations against an order issued February 19, 1989 by the Rent
Administrator of the Gertz Plaza, Jamaica, NY Rent Office, concerning the
housing accommodation known as 1644 55th Street, Brooklyn, NY.
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
adjustment for the period January 1, 1986 - 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 fuel oil during the calendar year 1985.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal should be
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.
An examination of the record reveals that the landlord did not file the
report on a timely basis. Indeed, the owner concedes that the report was
Accordingly, the Commissioner is of the opinion that the Rent
Administrator correctly suspended fuel cost adjustments for the calendar
DOCKET NO.: DC 230282-RO
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
Acting Deputy Commissioner