Docket No. ED630042RO
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 REVIEW
APPEAL OF DOCKET NO.: ED630042RO
DISTRICT RENT
Parkoff Bainbridge Assoc. ADMINISTRATOR'S DOCKET
NO.: BH620158FR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 5, 1990 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 6, 1990
by the Rent Administrator of the Gertz Plaza, Jamaica, New York
Rent Office, concerning the housing accommodation known as 2705
Bainbridge Avenue, Apartments 1B, 5G, 3C, 2J, 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 #6 oil
during the calendar year 1986.
On appeal the owner states in substance, that the 1987 Fuel Cost
report was filed timely. A copy of the report was submitted on
appeal. the copy is dated June 19, 1987, 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.
9NYCRR 2202.13 provides that where a landlord has obtained fuel
Docket No. ED630042RO
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 1987, a finding was promulgated that the price of #6 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.
In reviewing the record, attached to the owner's appeal is a Postal
Receipt For Certified Mail addressed to the DHCR post-marked on
June 30, 1987. In this matter the record shows that the Fuel Cost
Report was received by the Division on or before July 31, 1987.
Therefore, the Commissioner finds that the fuel cost adjustment
should not have been suspended for the calendar year 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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