Docket Number: BJ-130133-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.: BJ 130133-RO
:
QUALITY & RUSKIN ASSOCIATES, DRO DOCKET NO.: 52513
PETITIONER :
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ORDER AND OPINION GRANTING ADMINISTRATIVE APPEAL
On October 13, 1987, the above-named petitioner filed an
Administrative Appeal against an order issued on September 23, 1987
by the District Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 66-33
Yellowstone Blvd., Forest Hills, New York, Apartment 5-G.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2528.2.
The issue herein is whether the District Rent Administrator properly
determined the tenants' objection to the initial apartment
registration.
A review of the record indicates that on November 7, 1984 the tenant
timely filed an objection to the apartment rent/services
registration wherein he stated, in pertinent part, that the owner
omitted the services of window screens and venetian blinds from the
registration and was incorrect in including cooking fuel as an
owner-provided service as "I pay my own."
On August 13, 1987, the Division mailed a copy of the tenant's
objection to the owner who responded on August 28, 1987, in
pertinent part, that it will continue to maintain blinds and screens
where they exist, but it does not provide new ones; and that the
registration was incorrect as to cooking fuel which is actually paid
for by the tenant.
On September 23, 1987, the District Rent Administrator issued the
order appealed herein. The District Rent Administrator's order
amended the registration to reflect that the owner provides window
screens, venetian blinds, and cooking fuel.
It was noted in the order that the owner had failed to reply to the
tenant's objection and that in view of such failure, the factual
allegations of the tenant's objection were deemed admitted.
Docket Number: BJ-130133-RO
On appeal, the petitioner-owner alleges, in substance, that the
tenant's objection was answered by the owner in August, 1987 (a copy
of the owner's answer, date-stamped as having been received by the
Division on August 28, 1987 was submitted with the appeal); that the
owner mistakenly listed cooking fuel as an included service on the
original registration; that the owner subsequently amended the
registration to omit cooking fuel as an included service; that the
tenant stated that he pays for his own cooking fuel on the objection
form; and that a similar question involving the provision of cooking
fuel was adjudicated by an order issued under Docket No. 52633,
issued on September 29, 1987, wherein it was determined that the
owner does not provide cooking fuel (a copy of said order and
determination was also submitted).
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should
be granted.
It is apparent that the owner's answer of August 28, 1987 was not
made part of the record prior to the issuance of the District Rent
Administrator's order of September 23, 1987. The record clearly
shows that the owner did timely respond and the reference in the
District Rent Administrator's order to the owner's failure to
respond should be deleted.
Furthermore, it appears that the tenant's objection was
misinterpreted with regard to cooking fuel. The tenant objected
that the owner included cooking fuel as a building-wide provided
service, when the tenant, in fact, pays for his own cooking fuel.
The owner acknowledged its error and omitted cooking fuel as a
provided service in subsequent registrations. In addition, the
District Rent Administrator determined in another proceeding
involving the subject building that the owner does not provide
cooking fuel as a building-wide service. The reference in the
instant order to the effect that the owner provides cooking fuel
should also be deleted.
The District Rent Administrator's finding that venetian blinds and
window screens are owner-provided services which should be
registered has not been appealed and is hereby affirmed.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same hereby is,
granted and that the order of the District Rent Administrator be,
and the same hereby is, modified, as provided hereinabove. The
order of the District Rent Administrator is hereby affirmed in all
other respects.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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