Docket Number: BE-210168-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.: BE 210168-RO
BEE GEE EXCELSIOR MGMT., INC. : DRO DOCKET NO.: 031713
PETITIONER : Other Party:
------------------------------------X Eurline Mitchell, Tenant
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
On May 7, 1987, the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on April 22, 1987,
by the Rent Administrator at 10 Columbus Circle, New York, New York,
concerning the housing accommodations known as apartment number 2L
at 1829 Caton Avenue, Brooklyn, New York, wherein the Administrator
determined that the owner does provide and must maintain a room air
conditioner, venetian blinds, window screens, laundry room,
incinerator, master TV antenna, storage room, maintenance and a
lobby attendant from 3 p.m. to 11 p.m.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
On September 13, 1984, the tenant commenced the original proceeding
by filing with the Division a tenant's objection 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-wide services. Specifically the tenant stated that the
owner had omitted a room air conditioner, window screens, venetian
blinds, a laundry room, incinerator, master TV antenna, storage
room, building maintenance and a lobby attendant from 3 p.m. to 11
p.m.
The owner failed to file an answer to the tenant's objection.
On April 22, 1987 the District Rent Administrator issued an order in
which it amended the registration to include all of the above
services except for maintenance, which, the Administrator noted, the
owner was required to provide but which need not be registered.
In the petition for Administrative Review, the owner states that it
does not provide an air conditioner, venetian blinds, window screens
or a storage room, and the lobby attendant is from 4 p.m. to
midnight.
The Commissioner is of the opinion that the Petition should be
denied but that the Administrator's order should be modified.
The owner's Petition contains no explanation, let alone a valid
excuse, for the owner's failure to answer below. Moreover, the
Docket Number: BE-210168-RO
owner submits no evidence with its Petition. The Petition rests on
bare allegations. Therefore, the Commissioner finds that the order
below should be affirmed except in so far as it directs that the
registration statement be amended to include a statement of the
specific hours during which the lobby attendant is on duty. It is
inappropriate to establish the hours for the lobby attendant in
connection with an objection filed by one tenant, especially where
the alleged discrepancy is one hour. Tenants who are not parties to
this proceeding may want flexibility in the hours. Indeed, in the
future as conditions in and about the building may change, it may be
in the best interests of the tenants if the attendant is on duty at
hours other than 3 P.M. to 11 P.M. Whether a change in the hours
occurred and whether it represents a decrease in services should be
addressed in a separate proceeding where all the issues could be
addressed and parties represented. Therefore, the specific hours
during which the service is provided need not be set forth in the
registration statement.
The owner is reminded of its obligation to maintain all required
services. The tenant is reminded of her right to file a complaint
and apply for a rent reduction based on a decrease in those
services.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this Petition be, and the same hereby is, denied and
that the Administrator's order be, and the same hereby is amended in
accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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