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
|
