ADM. APPEAL DOCKET NO.: DH630244RO
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.: DH630244RO
DISTRICT RENT OFFICE
DOCKET NO.: AK622870FR
ANNAL MGMT. CO., LTD.
PETITIONER
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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 July 25, 1989
by the Rent Administrator of the Gertz Plaza, Jamaica, New York
Rent Office, concerning the housing accommodation known as 2800
Creston Avenue, Various Apts. 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 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 #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
should be denied.
ADM. APPEAL DOCKET NO.: DH630244RO
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
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 a fuel cost decrease report on or before
May 14, 1986. (There was no extension of filing time for users of
#6 oil.)
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.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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