ADM. REVIEW DOCKET NO.: ART 09957 K
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.:
ART 09957 K
:
RENT ADMINISTRATOR'S
DOCKET NO.: 7455
ROBERT D'EMILIA
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On May 6, 1986 the above-named petitioner tenant filed a
Petition for Administrative Review (PAR) against an order issued on
April 23, 1986 by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodations known as 224 Henry
Street, Brooklyn, New York, Apartment B wherein the Administrator
determined the tenant's objection to the owner's initial
registration.
The tenant's appeal challenged the Administrator's order on
the grounds that the Administrator had failed to require the owner
to register an air conditioner, a fireplace, extermination
services, painting and plastering, maintenance and repair of wood
floors, security gates, a cleaning lady and a superintendent, as
services provided by the owner.
The applicable law is Section 2520.6(r) and 2528.2 of the Rent
Stabilization Code.
The Commissioner is of the opinion that the petition should be
granted in part.
ADM. REVIEW DOCKET NO.: ART 09957 K
Section 2520.6(r) of the Rent Stabilization Code defines
"required services" as those services furnished or required to be
furnished, to the continuously stabilized housing accommodations,
on May 31, 1968, and all additional services provided or required
to be provided thereafter. The base date for determining required
individual apartment services in apartments which were either
vacancy destabilized or decontrolled between July 1, 1971 and June
30, 1974 is May 29, 1974.
The provision of various services, including superintendent,
cleaning, janitorial, maintenance, repair, plastering and painting
services, does not impose an obligation to register each and every
item requiring maintenance or replacement or to register and
maintain building staff at a specified number. The Administrator
correctly ruled that the registration statements makes no provision
for registering these services (including heating and extermination
services, when required), which an owner is nonetheless required to
provide at adequate levels pursuant to the Administrative Code of
the City of New York. The scraping and refinishing of floors is
associated with the owner's obligation to do interior repairs when
necessary and is not otherwise a service provided by the owner.
Concerning the fireplace, the Commissioner notes that the
owner did not deny below or on appeal that a functional fireplace
was provided on the base date or thereafter. The registration will
be amended to reflect that a fireplace is a required service.
Division records also reveal that the owner is required to
provide an air conditioner, if requested by the tenant, but that
the tenant had purchased a new unit. (Administrative Review Docket
Nos. ARL 03898 K and ART 03735 K).
The security gate previously provided also constitutes a
required service that should be registered. The owner has
indicated that the security gate that was removed has been
reinstalled.
The services registration statement shall be amended to
reflect the Commissioner's findings herein.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that the tenant's Petition be, and the same hereby
is, granted, in part, to the extent noted above.
ADM. REVIEW DOCKET NO.: ART 09957 K
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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