Docket No. EL430071RO
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.: EL430071RO
Grey Seal Realty Corp. ADMINISTRATOR'S DOCKET
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 8, 1990, the above-named petitioner-landlord filed
an administrative appeal in accordance with the applicable
provisions of the City Rent Law and Regulations against an order
issued on November 14, 1990 by the Rent Administrator of the Gertz
Plaza, Jamaica, New York Rent Office, concerning the housing
accommodations known as 594 Amsterdam Avenue, Apartments 2E, 3W,
5E, New York, 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 order appealed herein, suspended all
fuel cost adjustments for the period January 1, 1987 through
December 31, 1987.
This order was based on a finding that the landlord of the
subject building had previously obtained allowable fuel cost
adjustments and failed to timely file in 1987 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 landlord states, in substance, that the 1987
Fuel Cost Report was filed on June 26, 1987. A copy of the Report,
date-stamped by the DHCR, was submitted on appeal.
After a careful consideration of the entire evidence of
record, the Commissioner is of the opinion that the appeal should
Under the provisions of 9NYCRR 2202.13e, where a landlord has
Docket No. EL430071RO
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 price, the landlord must serve and file a report of fuel
In early 1986 a finding was promulgated that the price of #6
fuel oil had declined during 1987. The subject landlord was
required to file and serve fuel cost decrease reports on or before
July 31, 1987.
The record reveals that the required Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1987
was received by the Rent Office on June 26, 1987. Therefore, the
Commissioner finds that the fuel cost adjustment should not have
been suspended 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 the landlord's appeal be, and the same hereby
is, granted; that the Rent Administrator's order be, and the same
hereby is, revoked; and that the monthly cumulative fuel cost
adjustment for the subject building as of January 1, 1987 is
reinstated, and it is further ordered that the tenants may pay any
arrears in rent arising as a result of this order in twelve (12)
equal monthly payments.
Joseph A. D'Agosta