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.: BC 110102-RO
DISTRICT RENT ADMINISTRATOR'S
THREE TOWERS ASSOCIATES DOCKET NO.: 017172
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING DISTRICT RENT ADMINISTRATOR'S ORDER
On March 5, 1987, the above-named owner filed a petition for
administrative review of an order issued on January 30, 1987, by the
District Rent Administrator concerning the housing accommodation known as
Apartment 15-T at 269 Grand Central Parkway, Floral Park, New York.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition for administrative review.
On August 7, 1984 the subject tenant filed an objection to the apartment
registration, claiming, among other things, that the registration filed by
the owner omitted, among other items, an alarm system as a service
provided by the owner.
In answer the owner asserted, among other things, that the intrusion alarm
system had never been activated.
In the order hereunder review, the District Rent Administrator determined,
among other things, that an alarm system was a service provided by the
owner and directed that the registration be amended accordingly.
In this petition, the owner requests that the District Rent
Administrator's order be modified to reflect that an alarm system is not a
service which the owner is required to provide at the subject premises,
since it has never been installed.
The Commissioner is of the opinion this petition should be granted.
The record discloses that both during the proceeding before the
Administraotr and on administrative appeal, the owner specifically denied
that an alarm system is a service provided by the owner asserting that
such a system had never been installed or activated. The tenant was
served with a copy of the owner's petition, but did not respond thereto.
Based on the tenant's failure to respond to the owner's assertions, the
Commissioner finds that an alarm system is not a service provided by the
DOCKET NUMBER: BC 110102-RO
The Administrator's order is hereby modified accordingly.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and that
the District Rent Administrator's order be, and the same hereby is,
modified as hereinabove indicated.