ADM. APPEAL DOCKET NO.: DK620309RO
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.: DK620309RO
DISTRICT RENT OFFICE
DOCKET NO.: BH620066FR
CHRISTOS PANTELIAS
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 16, 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 October 13,
1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York Rent Office, concerning the housing accommodations known as
5824 Broadway, Apt. 5D, Bronx, New York.
The issue in this proceeding is whether the Fuel Cost
Adjustments should have been suspended for the calendar year 1987.
The Rent Administrator's order appealed herein suspended all
fuel cost adjustments for the period January 1, 1987 through
December 31, 1987.
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 #4
oil during the calendar year 1986.
On appeal, the landlord states, in substance, that he is a new
landlord and was not aware he had to file a form for a decrease in
fuel price. Rent Control did not send a form to file.
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.: DK620309RO
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 1987, a finding was promulgated that the price of #4
fuel oil had declined during 1986. The subject landlord was
required to file and serve fuel cost decrease report on or before
July 31, 1987.
Ignorance of the filing requirements of the Fuel Cost
Adjustment does not excuse the failure to file and there is no
requirement that DHCR advise landlords on an individual basis of
the necessity to file. Landlords are required to obtain the forms
from the DHCR.
A review of the record reveals the landlord filed the fuel
cost report in 1986 for an increase in #4 oil.
In this matter it is undisputed that a "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1987"
was not received by the Rent Office on or before July 31, 1987.
The Commissioner is of the opinion the Rent Administrator
correctly suspended Fuel Cost Adjustments for the calendar year
1987.
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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