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. AL410655RO
ROZMAE REALTY : DRO DOCKET NO.31974
TENANTS: JOHN HOGAN &
PETITIONER : STEPHANIE GORDON
ORDER AND OPINION TERMINATING PROCEEDING
On December 23, 1986, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
November 18, 1986 by the Rent Administrator, 10 Columbus Circle, New
York, concerning the housing accommodations known as 184 Ninth
Avenue, New York, Apartment No. 1D, wherein the Administrator
determined that the subject apartment was within the jurisdiction of
the Rent Stabilization Law and Code and that certain services as
specified by the tenant were owner-provided.
On appeal, the owner contends that the apartment is exempt from
the Rent Stabilization Law and that the cited services are not
provided by the owner.
Prior to the commencement of this proceeding, the tenants had
filed an overcharge complaint in which it was determined by the
Rent Administrator and by the Commissioner (Docket Numbers ARL7165-
L,L3112713R) that the subject apartment was subject to the Rent
Stabilization Law Code. Thereupon, such determination was upheld in
an Article 78 proceeding and subsequent court appeals, most recently
by the Court of Appeals in November 1990.
Pursuant to Section 2523.4 of the Rent Stabilization Code, an
owner is required to maintain all required services as defined by
Section 2520.6(r) regardless of whether the services are registered.
If there is a failure to maintain required services, the tenant may
apply to the Division for a rent reduction, and any dispute as to
whether a service is required or has been reduced will be determined
in that proceeding.
Accordingly, the Commissioner is of the opinion that the
jurisdictional issue has been finally determined and that it is
unnecessary to decide the services issue raised in this appeal.
Since this decision does not determine the merits of the
services issue raised on appeal, the order below shall not be used
in any subsequent proceeding involving base date or required
Therefore, in accordance with the Rent Stabilization Law and
Code, it is
Ordered, that this proceeding be, and the same hereby is,
JOSEPH A. D'AGOSTA