DOCKET NO.:  FG230081RO
                              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





     --------------------------------------X
     IN THE MATTER OF THE ADMINISTRATIVE   :   
     APPEAL OF                                 ADMINISTRATIVE REVIEW
                                           :   DOCKET NO. FG230081RO
          LOLOU REAL ESTATE, INC.,             DRO DOCKET NO. DD220007FR
                            PETITIONER     :  
     --------------------------------------X   
                                               

            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

     On July 1, 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, NY Rent Office, concerning the 
     housing accommodation known as 250 Adelphi Street, 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 1989.

     On appeal, the landlord states, in substance, that he "never obtained a fuel 
     increase in 1989 or any other year for this period" and no fuel cost increase 
     was charged.

     After a careful consideration of the entire evidence of record the 
     Commissioner is of the opinion that the administrative appeal should be 
     denied.

     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" 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, 
     affirmed.

     ISSUED:



                                                                            
                                                    JOSEPH A. D'AGOSTA
                                                    Deputy Commissioner
      
    

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