DOC. NO.: AJ 110386-RO
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. AJ 110386-RO
GRENADIER REALTY CORP., : DRO DOCKET NO.: 034134
PETITIONER : OTHER PARTY: ARIEL MALAVE,
------------------------------------X TENANT
ORDER AND OPINION GRANTING PETITION FOR
ADMINISTRATIVE REVIEW IN PART
On October 29, 1986 the above-named Petitioner-owner filed a Petition
for Administrative Review against an order issued on September 29,
1986 by the District Rent Administrator, 10 Columbus Circle, New
York, New York concerning housing accommodations located at 254-16
75th Road, Glen Oaks, New York Apartment H-92 wherein the District
Rent Administrator determined that the owner does provide and must
maintain a stove, refrigerator, window shades, luggage room, and
screens, and venetian blinds and ordered that the registration be
amended to include these services.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issue 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, parki g spaces, outside water-
spigots, clotheslines, and community rooms as building-wide services.
The tenant also filed a fair market rent appeal.
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
DOC. NO.: AJ 110386-RO
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 January 5, 1987 the District Rent Administrator issued an order in
which it amended the registration to include all of the items cited
by the tenant (plus venetian blinds) and excluding a front desk. The
Commissioner notes that the objection to registration did not cite
venetian blinds as a required service. The tenant's fair market
rent appeal was dismissed based on a finding that the subject
apartment has been continuously under the Rent Stabilization Law
since that law went into effect.
In the petition for Administrative Review, the owner urges that the
Administrator's order should be amended to exclude a luggage room and
venetian blinds because there was nothing in the record to prove that
they were ever provided by the owner.
The Commissioner is of the opinion that the 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.
Applying these principles to the instant proceeding the Commissioner
finds that it is well settled that luggage room storage space is a
service provided at the subject complex (see Docket Nos. 57577-B
58299-B and 62622-B issued on July 8, 1985). Therefore, the
Commissioner finds that the owner's objection to the order below,
insofar as it directs the owner to register luggage room storage
space is without merit and contrary to well settled precedent at the
subject comples.
The Commissionse notes that the objection to registration did not
cite venetian blinds as a required service, but it did cite window
shades as such a service. The Commissioner further notes that it has
long been established that window shades are a required service at
the subject complex (See Docket Nos. 57577-B, 58299-B and 62622-B
cited above). Moreover, the Commissioner points out that numerous
Administrator's orders have stated that window shades are required
service at the Glen Oaks complex and the owner has not appealed that
order (for example, see Docket Numbers 036245, 039135, 033963,
036109, and 034580). Therefore, the Commissioner finds that the
Administrator's use of the phrase venetian blinds should be construed
as a clerical error and that the findings and directions set forth in
the appealed order should be amended as follows: at any place in the
appealed order where it is stated, or may be continued as stating,
that the owner has provided venetian blinds or the venetian blinds
are a required service at the subject apartment or that the
DOC. NO.: AJ 110386-RO
registration statement be amended to reflect the two preceding
statements, the term "venetian blinds" should be replaced with the
phrase "window shades."
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
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: AJ 110386-RO
DRO Docket No/Order No.: 034134
Tenant(s): Ariel Malave
Owner: Grenadier Realty Corp.
Code Section: 2520.6(r), 2523.4
Premises: 254-16 75th Road,
Glen Oaks, N.Y., Apt. H-92
Order and Opinion Granting Petition for Administrative Review In Part
Glen Oaks services registration amended as per past orders and
in accordance with the tenant's objection to registration.
APPROVED:
Processing Attorney:
Supervising Attorney:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
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