Docket Number: AL-110130-RT
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.: AL 110130-RT
ORVILLE MCNALLY, DRO DOCKET NO.: TC 353291-I
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE
REVIEW, IN PART
On December 23, 1986, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
November 18, 1986 by the Rent Administrator, 10 Columbus Circle, New
York, New York concerning housing accommodations located at 72-15
Little Neck Parkway, Glen Oaks, New York, Apartment 2, wherein the
Rent Administrator determined that the owner does provide and must
maintain a stove, refrigerator, window shades, luggage room, and
screens, and ordered that the registration be amended to include
The issue in this appeal is whether this order is correct.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
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.
In answer to the tenant's objections, the owner asserted that the
tenant was receiving all services required under the lease.
On November 18, 1986, the Rent Administrator issued the order
In the petition for Administrative Review, the tenant urges that the
registration should also include the following items: front desk,
clothesline, toilet seat, linoleum, garbage removal, playground
areas, parking spaces, security, fixtures, water spigots, benches,
community rooms and landscaping.
The Commissioner is of the opinion that the tenant's petition should
be granted in part.
Docket Number: AL-110130-RT
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 dated 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 Landscaping, security, garbage removal, 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, playground area and community
meeting rooms, the owner has not denied that these 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.
Accordingly the registration should be amended to reflect these
The owner has also not denied that benches, 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,
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.