DOCKET NOS.: DC230309RO
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 :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NOS. DC230309RO
BRIGHTON REALTY ASSOCS., DC230544RO
: DRO DOCKET NOS. AK220053FR
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
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
JOSEPH A. D'AGOSTA