Docket No. FG630058RO
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.: FF230248RO
George A. Jensen NO.: DD220079FR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 21, 1991 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 June 11, 1991
by the Rent Administrator of the Gertz Plaza, Jamaica, New York
Rent Office, concerning the housing accommodation known as 851 Bay
Ridge Avenue, Various Apartments, Brooklyn, New York.
The issue in this proceeding is whether Fuel Cost Adjustments
should have been suspended for the calendar year 1989.
The Rent Administrator's order appealed herein suspended all
fuel cost adjustments for the period January 1, 1989 through
December 31, 1989.
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 #2
oil during the calendar year 1988.
On appeal, the landlord states, in substance that the fuel cost
adjustment was never applied for during the affected period.
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 cost
adjustments and then there is a finding of fuel price decrease,
within 60 days of the promulgation of the finding on fuel prices,
Docket No. FG630058RO
the landlord must serve and file a report of fuel price decrease.
In early 1989, a finding was promulgated that the price of #2
fuel oil had declined during 1988. The subject landlord was
required to file and serve fuel cost decrease reports on or before
March 31, 1989.
A review of the record reveals that the "Landlords' Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1989"
was not received by the Rent Office until March 31, 1989.
The Commissioner notes that the Administrator's order required
the landlord to refund money to the tenant only if a fuel cost
adjustment increase was actually collected. The Commissioner
further notes that it implied in the Administrator's order that if
the owner did not collect any fuel cost adjustment for the period
covered by the order then no refund by the owner was required by
the order. Therefore, the owner was not aggrieved by the order
Accordingly, the Commissioner is of the opinion the Rent
Administrator correctly suspended Fuel Cost Adjustments for the
calendar year 1989.
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.
Joseph A. D'Agosta