DOCKET NOS.:  DC230309RO
              DC230544RO
                              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




     --------------------------------------X
     IN THE MATTER OF THE ADMINISTRATIVE   :   
     APPEAL OF                                 ADMINISTRATIVE REVIEW
                                           :   DOCKET NOS. DC230309RO
         BRIGHTON REALTY ASSOCS.,                          DC230544RO
                                           :   DRO DOCKET NOS. AK220053FR
                            PETITIONER                         AK220054FR
     --------------------------------------X   

          
            ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW


     These petitions have been consolidated as they involve common issues of law 
     and fact and the same petitioner.  The above named petitioner filed timely 
     Petitions for Administrative Review against orders issued on January 30, 1989 
     and January 31, 1989, by the Rent Administrator of the Gertz Plaza, Jamaica, 
     New York, concerning housing accommodations known as 2954 Brighton 12th 
     Street and 2964 Brighton 12th Street, Various Apts. 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 orders appealed herein suspended all fuel cost 
     adjustments for the period January 1, 1986 through December 31, 1986.

     These orders were based upon a finding that the owner of the subject 
     buildings 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 1986.

     On appeal, the landlord states, in substance, that the fuel cost reports were 
     written for DHCR on May 8, 1986 and hand delivered to the tenants in both 
     buildings on May 12, 1986 and admits the fuel reports were mailed to DHCR on 
     May 16, 1986.

     9 NYCRR 2202.13 provides that where a landlord was 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.

     In this matter it is undisputed that a "Landlord's Report, Certification and 
     Notice of Fuel Cost Adjustment Eligibility - 1986" was not received by the 
     Rent Office on or before May 14, 1986.









          DOCKET NOS.:  DC230309RO
              DC230544RO


     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 these administrative appeals be, and the same hereby are, 
     denied, and that the orders of the Rent Administrator be, and the same hereby 
     are, affirmed.

     ISSUED:




                                                                               
                                                     JOSEPH A. D'AGOSTA
                                                     Deputy Commissioner
    

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