Docket Number: BJ-110216-RT
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.: BJ 110216-RT
:
BALBINA DENNEHY, DRO DOCKET NO.: 049421
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE
REVIEW, IN PART
On September 25, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on August
31, 1987, by the District Rent Administrator, concerning the housing
accommodations known as 255-63 75th Avenue, Glen Oaks, New York,
Apartment B-51.
The appealed order of the District Rent Administrator determined,
inter alia, 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 these services. The
order also noted that the owner was responsible for the maintenance
of window shades and garage spaces by virtue of earlier orders
(Docket Nos. 57577-B, 58299-B and 62622-B) dated July 8, 1985.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
On October 2, 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
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, parking space , outside water-
spigots, clotheslines, and community rooms as building-wide
services.
In answer to the tenant's objections, the owner furnished a copy of
the 1984 apartment registration for the subject apartment and
asserted that a stove and refrigerator are provided with the
apartment; electricity is not required to be registered; storage
space outside the apartment is not provided; garages are the
property of the co-op corporation; there is no front desk in each
building - but there is a centrally located management office in one
location; linoleum, toilet seat, fixtures, screens and exterminator
are provided with the apartment; and exterior door locks, benches,
parking, community rooms, snow removal, security, landscaping,
Docket Number: BJ-110216-RT
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.
In the petition for administrative review, the tenant urges that the
Administrator's order should be amended to include all the items
contained in the original objection form or specify which do not
need to be listed because they are either required by law or fall
within the definition of normal maintenance.
In answer to the petition, the owner contends that the tenant
receives all services required under the lease as well as those that
are mandated by the New York City Administrative Code and the Rent
Stabilization Law and Code. The owner adds that the Apartment
Registration Form was properly completed and the tenant's petition
should be denied.
The Commissioner is of the opinion that the tenant's 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 electricity for common and exterior areas and
exterminator services are required by law and did not have to be
listed on the registration. Snow removal, salting, landscaping,
security 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, and community meeting rooms, the
owner has not denied that there are 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
facts.
The owner has also not denied that benches, exterior door locks,
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
orders 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
Docket Number: BJ-110216-RT
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,
it is,
ORDERED, that this petition be and the same hereby is granted in
part and the Administrator's order be and the same hereby is
modified as provided hereinabove.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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