STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

     APPEAL OF                                ADMINISTRATIVE APPEAL
                                           :  DOCKET NO. DC230456RO
                                              DRO DOCKET NO. AK220079FR
               A. HILMAN,                  :  

                            PETITIONER     :


     The above-named petitioner-landlord refiled an administrative appeal in 
     accordance with the applicable provisions of the City Rent Law and 
     Regulations against an order issued on January 31, 1989 by the Rent 
     Administrator of the Gertz Plaza, Jamaica, New York Rent Office, concerning 
     the housing accommodations known as 1439 55th Street, Apts. 1st Fl., 3rd Fl., 
     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 on a finding that the landlord of the subject building 
     had previously obtained allowable fuel cost adjustments and failed to timely 
     file in 1986 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 report was filed 
     on May 14, 1986.  The fuel report was returned to the owner by the DHCR with 
     an attached notice dated June 16, 1986 directing the owner to complete the 
     attached long form RA33.10 and resubmit the fuel report to the DHCR.  The 
     long form was resubmitted on June 20, 1986.

     After a careful consideration of the entire evidence of record the 
     Commissioner is of the opinion that the appeal should be granted.

     Under the provisions of 9 NYCRR 2202.13e, 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 price, 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, 

          DOCKET NO.:  DC230456RO

     A review of the record reveals the fuel report was served on the DHCR on or 
     before May 14, 1986 and returned by the Division to the owner for further 
     completion of the fuel report.  The owner resubmitted the fuel report which 
     was received by the Division on June 23, 1986.  The Commissioner is of the 
     opinion that the fuel cost adjustment should not have been suspended for the 
     calendar year 1986.

     The issues raised by one of the tenants in response to the landlord's 
     petition are beyond the scope of this appeal, which is limited to whether the 
     owner timely filed the required report.

     THEREFORE, in accordance with the applicable provisions of the Rent and 
     Eviction Regulations for the New York City, it is 

     ORDERED, that the landlord's appeal be, and the same hereby is, granted; that 
     the Rent Administrator's order be, and the same hereby is, revoked; and that 
     the monthly cumulative fuel cost adjustment for the subject building as of 
     January 1, 1986 is reinstated in the amount of $6.77 per room, per month, and 
     it is further ordered that the tenants may pay any arrears in rent arising as 
     a result of this order in twelve (12) equal monthly payments.


                                                     JOSEPH A. D'AGOSTA
                                                     Deputy Commissioner

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