ADM. APPEAL DOCKET NUMBER: EE220468RO, et al.
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 NOS.: EE220468RO,
EE230199RO and EE230467RO
DISTRICT RENT
OFFICE DOCKET NOS.:
JOHN MAURO BH223296FR, BH223307FR and
BH223294FR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
These petitions have been consolidated as they involve common
issues of law and fact. The above named petitioner filed timely
Petitions for Administrative Review against orders issued on April
26, 1990, by the Rent Administrator of the Gertz Plaza, Jamaica,
New York, concerning housing accommodations known as 115, 105, 111
Greenpoint Avenue, Various apartments, Brooklyn, New York.
The issue in this proceeding is whether Fuel Cost Adjustments
should have been suspended for the calendar year 1987.
The Rent Administrator's orders appealed herein suspended all
fuel cost adjustments for the period January 1, 1987 through
December 31, 1987.
These orders were based upon a finding that the owner of the
subject buildings had previously obtained allowable fuel cost
adjustments and failed to timely serve and file the required
reports of fuel cost decrease by reason of a decrease in the price
of #4 oil and gas during the calendar year 1986.
On appeal, the landlord states, in substance, that on April 3,
1990 a letter was mailed to the DHCR requesting an extension
regarding proposed Fuel Cost Suspension. In addition, the owner
stated, that he had to obtain affidavits from the affected rent
control tenants.
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 NUMBER: EE220468RO, et al.
9 NYCRR 2202.13 provides that where a landlord has obtained
fuel cost adjustments and then there is a finding of fuel price
decrease, within 60 days of the promulgation of the finding on 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 #4
fuel oil and gas had declined during 1985. The subject landlord
was required to file and serve fuel cost decrease reports on or
before July 31, 1987.
In response to the owner's appeal, all but one tenant withdrew
their affidavits wherein they had stated that the owner had
informed them of the fuel cost decrease. The tenant who didn't do
so filed an answer in opposition to the owner's appeal.
Accordingly, the affidavits have no credibility in this case and
therefore the owner has failed to prove timely service. It is
undisputed that the required reports were not served on the DHCR.
The Commissioner notes that there are no extensions for the
filing of the Fuel Cost Report. The filing procedure is initiated
by the Division whenever an owner fails to timely file a notice of
Fuel decrease.
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City, it is
ORDERED, that these administrative appeals be, and the same
hereby are, denied, and that the orders of the Rent Administrator
be, and the same hereby are, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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