ADM. APPEAL DOCKET NO.: DE220184RO
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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE APPEAL
APPEAL OF DOCKET NO.: DE220184RO
DISTRICT RENT OFFICE
DOCKET NO.: AK220222FR
JOHN P. LOCONSOLO
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
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 March 27, 1989 by the Rent
Administrator of the Gertz Plaza, Jamaica, New York Rent Office,
concerning the housing accommodation known as 9747 Shore Road,
Various Apts., Brooklyn, New York.
The issue in this proceeding is whether the 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 of
Brooklyn Union "Non-Interruptible" Gas during the calendar year
1985.
On appeal, the landlord states, in substance, that the proper
forms were finally mailed to the owner on July 10, 1986, after many
repeated requests. All forms were mailed on August 28, 1986 in
plenty of time to meet the deadline of September 3, 1986. All
tenants received a decrease in their rent. A copy of the report
was submitted on appeal. The copy bears no date-stamp showing when
or if it was received by the Division.
ADM. APPEAL DOCKET NO.: DE220184RO
9 NYCRR 2202.13 provides that where a landlord has obtained
fuel cost adjustments and then there is a finding of the fuel price
decrease, within 60 days of the promulgation of the finding of 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
Brooklyn Union "Non-Interruptible" Gas had declined during 1985.
The subject landlord was required to file and serve fuel cost
decrease report 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.
[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.]
The allegation that the proper forms were finally mailed and
received on July 10, 1986 is insufficient to reverse or modify the
Administrator's order. The burden is on the owner to timely obtain
the required forms.
The Commissioner further notes the owner's allegation that all
forms were mailed on August 28, 1986 in plenty of time to meet the
deadline of September 3, 1986. That deadline did not apply to
owners who used Brooklyn Union "Non-Interruptible" Gas but did not
timely file with the Division on or before May 14, 1986.
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 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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