Docket No. DH630242RO
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 ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DH630242RO
Annal Mgmt. Co., Ltd. NO.: AK623061FR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 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 August 1, 1989
by the Rent Administrator of the Gertz Plaza, Jamaica, New York
Rent Office, concerning the housing accommodation known as 1860
Morris Avenue, Apartments 2D, 3D, Bronx, 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
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 #6 oil during
the calendar year 1985.
On appeal, the landlord states, in substance, that the
Administrator's ruling that the 1986 Fuel Cost Adjustment was never
filed is in error: "We have furnished, and do again hereby, copies
of the forms and proof of delivery." Copies of the report were
submitted on appeal. The copies bear no date-stamp showing when or
if they were received by the Division, however a receipt for
certified mail sent to the DHCR was also submitted.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
Docket No. DH630242RO
should be denied.
9 NYCRR 2202.13 provides that where a landlord has obtained fuel
cost adjustments and then there is a finding of a 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 #6 fuel
oil had declined during 1985. The subject landlord was required to
file and serve a fuel cost decrease report on or before May 14,
1986. (There was no extension of the filing date for users of #6
The Commissioner notes the Postal Receipt For Certified Mail
addressed to the DHCR attached to the owner's appeal indicates it
was received on May 21, 1986. In this matter the record shows that
the fuel cost report was not filed on or before May 14, 1986.
Therefore, 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.
Lula M. Anderson