DOCKET NO.: FG230081RO
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 :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. FG230039RO
UNION STREET PARTNERS, DRO DOCKET NO. DD220020FR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 12, 1991 the above named petitioner-landlord filed an appeal in
accordance with the applicable provisions of the City Rent Law and
Regulations against orders issued on June 11, 1991 by the Rent Administrator
of the Gertz Plaza, Jamaica, NY Rent Office, concerning the housing
accommodation known as 371 Atlantic Avenue, Various Apts., Brooklyn, NY.
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 "no fuel cost adjustment
and/or increase has ever been passed through to tenants. Rents have been the
same for more than 10 years."
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
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 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.
DOCKET NO.: FG230081RO
In this matter it is undisputed that a "Landlord's Report, Certification and
Notice of Fuel Cost Adjustment Eligibility - 1989" was not filed with the
Division on or before March 31, 1989.
The Commissioner is of the opinion the Rent Administrator correctly suspended
Fuel Cost Adjustments for the calendar year 1989. It is implied in the
Administrator's order that if no fuel cost adjustment was collected during
1989 then no refund was required.
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,
JOSEPH A. D'AGOSTA