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

          APPEAL OF                               DOCKET NO.: DE220208RO 

                                                  DISTRICT RENT
                                                  ADMINISTRATOR'S DOCKET
                                                  NO.: AK220114FR
               2157 REALTY ASSOC.


               On May 18, 1989 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 April 17, 1989 
          by the Rent Administrator of the Gertz Plaza, Jamaica, New York 
          Rent Office, concerning the housing accommodation known as 2157 
          Ocean Avenue, 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.

               The 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 

               On appeal, the landlord states, in substance, that the price 
          for gas was changed and amended forms were filed on July 15, 1986.  
          A copy of the amended 1986 report was submitted on appeal.  The 
          copy is dated July 15, 1986, but bears no date-stamp showing when 
          or if it was received by the Division.

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

          ADM. APPEAL DOCKET NO.: DE220208RO

               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 

               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.  The Suspension 
          Procedure is initiated by the Division whenever an owner fails to 
          timely file a notice of fuel decrease.

               The Commissioner notes that a Special Notice was mailed to 
          Owners explaining a change in six types of heating fuel used in 
          1985.  Owners who use Brooklyn Union "Non-Interruptible" Gas and 
          filed with the DHCR on or before May 14, 1986 were required to file 
          again to reflect the change.  For those owners who filed timely the 
          fuel passalong was extended to September 3, 1986.  However, the 
          Division's record fails to reveal a timely fuel report filed on or 
          before May 14, 1986.  The record does reveal that the amended fuel 
          report was received by the Division on July 22, 1986.  Accordingly, 
          the Commissioner is of the opinion that the Rent Administrator 
          correctly suspended Fuel Cost Adjustment for the calendar year 

               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
                                             Deputy Commissioner        

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