Docket No. FG630058RO
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 REVIEW
APPEAL OF DOCKET NO.: FG630058RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
Cosmopolitan Realty NO.: ED620005FR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 10, 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 July 7, 1991 by
the Rent Administrator of the Gertz Plaza, Jamaica, New York Rent
Office, concerning the housing accommodation known as 2319 Belmont
Avenue, Apartments 2E, 3B, 4E, Bronx, New York.
The issue in this proceeding is whether Fuel Cost Adjustments
should have been suspended for the calendar year 1990.
The Rent Administrator's order appealed herein suspended all
fuel cost adjustments for the period January 1, 1990 through
December 31, 1990.
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 A Gas
'Interruptible' Con Edison during the calendar year 1990.
On appeal, the landlord states, in substance that the tenants
were served with the Fuel Cost Adjustment Report. A copy of the
fuel report signature sheet from the tenants was submitted on
appeal.
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
with the DHCR. Service on the tenants, while required, does not
relieve an owner of its obligation to timely file with the
Division.
In early 1990, a finding was promulgated that the price of Gas
"Interruptible" Con Edison had declined during 1990. The subject
landlord was required to file and serve fuel cost decrease reports
on or before April 2, 1990.
A review of the record reveals that the "Landlords' Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-1990
was not received by the Rent Office until April 13, 1990.
Accordingly, the Commissioner is of the opinion the Rent
Administrator correctly suspended Fuel Cost Adjustments for the
calendar year 1990.
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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