Docket No. FK 420211-RO
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.: FK 420211-RO
Markphyl Realty Corp. NO.: DD 424269-R
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 18, 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 October 16,
1991 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York Rent Office, concerning the housing accommodation known as
1028 2nd Avenue, Apts. Various, New York, NY.
The issue in this proceeding is whether Fuel Cost Adjustments
should have been suspended for the calendar year 1988.
The Rent Administrator's order appealed herein suspended all
fuel cost adjustments for the period January 1, 1988 December 31,
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 diring the calendar year 1988.
On appeal, the landlord urges, in substance, that the report
was filed on a timely basis.
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
Docket No. FK 420211-RO
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.
In this matter it is undisputed that a "Landlord's Report,
Certification and Notice of Fuel Cost Adjustment Eligibility-198 "
was not served on the tenants or received by the Gertz Plaza Rent
Office on or before April 30, 1989. The landlord's claim that the
report was received by the District Rent Office is thus false.
The Commissioner is of the opinion the Rent Administrator
correctly suspended Fuel Cost Adjustments for the calendar year
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
Acting Deputy Commissioner