DOC. NO.: AJ 110320-RT
                                  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 :   ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO. AJ 110320-RO
                        RUTH BISK,            :   D.R.O. DOCKET NO.
                                  PETITIONER  :               033967
          ------------------------------------X


                       ORDER AND OPINION GRANTING PETITION FOR
                            ADMINISTRATIVE REVIEW IN PART


          On October 31, 1986 the above-named Petitioner-tenant filed a 
          Petition for Administrative Review against an order issued on 
          October 8, 1986 by the District Rent Administrator, 10 Columbus 
          Circle, New York, New York concerning housing accommodations 
          located at 77-07 Commonwealth Boulevard, Glen Oaks, New York, 
          Apartment 2, wherein the District Rent Administrator determined 
          that the issues raised in the tenant's objection to the initial 
          registration statement, as it pertained to both individual and 
          building [complex]-wide services, had been disposed of by the 
          Administrator in a combined order determining the proceedings 
          assigned DRO Docket Numbers 57577-B, 58299-B and 62622-B; the 
          Administrator terminated the tenant's application. 
                                          
          The Commissioner has reviewed all the evidence in the record and 
          has carefully considered that portion of the record relevant to the 
          issues raised by the administrative appeal.

          On October 2, 1984, the tenant commenced the original proceeding by 
          filing with the Division a tenant's objection form to the services 
          registration statement filed by the owner.  The tenant alleged that 
          the owner did not include therein a number of apartment and 
          building services.  Specifically the tenant stated that the owner 
          omitted a stove, refrigerator, shades, garage, linoleum, toilet 
          seat, light fixtures, screens, extermination services, and a master 
          antenna outlet as apartment services and electricity, storage 
          space, front desk, exterior door locks, benches, exterior lighting, 
          snow removal and salting, security, landscaping, parking spaces, 
          outside water-spigots, clotheslines, and community room as 
          building-wide services.  

















          DOC. NO.: AJ 110320-RT




          In answer to the tenant's objections, the owner asserted that a 
          stove and refrigerator are provided with the apartment; electricity 
          is not required to be registered; shades are not provided; storage 
          space outside the apartment is not provided; garages are the 
          property of the co-op corporation; there is no front desk; 
          linoleum, toilet seat, fixtures, screens, and exterminator are 
          provided with the apartment; and exterior door locks, benches, 
          parking, community rooms, snow removal, security, landscaping, 
          outside water spigots, and clotheslines are provided by the co-op 
          corporation for the common areas and are not required to be listed 
          on the apartment registration.

          On October 8, 1986 the District Rent Administrator issued an order 
          in which it terminated the proceeding below, stating that "all 
          these matters were previously adjudicated and an order issued on 
          July 8, 1985 in Dockets #57577-B, 58299-B, 62622-B.  This order was 
          addressed to the Glen Oaks Tenant's Association.  Based on the 
          above facts it is determined that all service complaints were 
          thoroughly investigated and a ruling was handed down on July 8, 
          1985 as noted above.  This issue cannot be raised again herein."

          In the Petition for Administrative Review, the tenant contends, in 
          substance, as follows: 
               
          1. Under the July 8, 1985 order cited by the Administrator, only 6 
          of the 22 items set forth in the tenant's objection form were 
          adjudicated.  The order below was therefore issued in error as to 
          the remaining sixteen items not disposed of in the July 8, 1985 
          order.

          2. As to the six items disposed of in the July 8, 1985 order, that 
          disposition consisted in a determination that said six services 
          were services to which the tenant was entitled.  In the objection 
          to registration it was alleged that only one of these six services 
          had been registered by the owner and the tenant sought to have the 
          owner directed to register the other five services.  The decision 
          below, therefore, does not conform to the July 8, 1985 order; 
          instead, it contradicts it.

          3. All of the items noted in the objection should be registered 
          services.







          Page 3




          DOC. NO.: AJ 110320-RT



          In its answer opposing the Petition, the owner states, in 
          substance, the following:

               1.   The tenant receives all services to which the 
                    tenant is entitled under the tenant's lease, 
                    as well as those services required by law.

               2.   The services registration statement for this 
                    apartment and complex were properly filled 
                    out.

          The Commissioner is of the opinion that the tenant's petition 
          should be granted in part.

          According to Section 2528.1 of the Rent Stabilization Code, an 
          owner was required to register all housing accommodations subject 
          to the Rent Stabilization Law on April 1, 1984 and to include in 
          that registration all services provided for in the last lease or 
          provided or required to be provided on the applicable base date or 
          thereafter.  No service may be discontinued except by mutual 
          agreement between the owner and the tenant and the approval of the 
          Division with an appropriate adjustment in the rent.

          Required services are defined by Section 2520.6(r) of the Code and 
          include ancillary services for which there is a separate charge.

          The Commissioner finds that the order issued July 8, 1985 
          determined a decrease in services case, not a registration case.  
          Therefore, the Administrator was only partly correct in stating 
          that the July 8, 1980 order disposed of the issues raised in the 
          tenant's objection to registration.  That is, that July 8, 1985 
          order determined that certain services listed in the objection were 
          required services, but that order did not dispose of the question 
          of registration, especially as to this tenant's individual 
          apartment services.

          Applying these principles to the instant proceeding the 
          Commissioner finds, based on the many cases relating to the 
          registration of services at the subject complex and the owner's 
          admissions as to services provided and the July 8, 1985 order, that 
          the registration statement for this apartment and the building-wide 
          regulation statement, if it has not already been so amended should







          be amended to include stove, refrigerator, window shades, luggage 












          DOC. NO.: AJ 110320-RT

          room and screens as services provided with the subject apartment.  
          The Commissioner further finds that electricity for common and 
          exterior areas and exterminator services are required by law and 
          did not have to be listed on the registration.  Snow removal, 
          salting, landscaping, security and a front desk do not have to be 
          listed on the registration since they are apartment and building 
          maintenance requirements.

          As for toilet seat, parking spaces, and community meeting rooms, 
          the owner has not denied that these are services provided to the 
          apartment or building on the applicable base date.  The fact that 
          some of them may be provided by the co-op corporation does not 
          relieve the owner of the obligation to include these items on the 
          registration and to assure their continued availability.  Accord- 
          ingly the registration should be amended to reflect these facts.

          The owner has also not denied that benches, exterior door locks, 
          linoleum, light fixtures in public areas, outside water spigots, 
          and
          clotheslines are provided.  However, because of the minor nature of 
          these items, the Commissioner finds that they do not have to be 
          specifically listed on the registration statements. They are 
          required services, though, and any attempt to eliminate these items 
          will be justification for a rent reduction application.  Any prior 
          order issued by the Commissioner finding that these services had to 
          be registered were the result of the owner's attempt to disclaim 
          liability for these items.  In order to be consistent with this 
          order, the prior orders should be construed as finding that these 
          minor services are required to be provided but need not be 
          registered.


          THEREFORE, in accordance with the Rent Stabilization Law and Code, 
          it is

          ORDERED, that this petition be and the same hereby is granted in 
          part and that the Administrator's order be and the same hereby is 
          modified as provided hereinabove.


          ISSUED:

                                                                          
                                             ELLIOT SANDER
                                             Deputy Commissioner
    

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