ADM. REVIEW DOCKET NO.: BD-110434-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 NOS.:
BD-110434-RT
BC-110212-RT
:
DRO ORDER NO.:
35292
MITCHELL GOLDSTEIN
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART AND REMANDING PROCEEDING TO THE ADMINISTRATOR
FOR FURTHER CONSIDERATION
The above-named petitioner tenant filed duplicative
Petitions for Administrative Review (PAR) inadvertently assigned
separate docket numbers, appealing an order issued on March 2,
1987 by the then Rent Administrator located at 10 Columbus
Circle, New York City, concerning the housing accommodations
known as 271 Grand Central Parkway, Apt. 17, Floral Park, New
York, wherein the Administrator determined the tenant's objection
to the owner's rent and services registration.
On appeal, the tenant questions the Administrator's findings
concerning the recreational facilities, heating and ventilation
services, and the tenant's legal regulated rent. The tenant also
asserts that the owner failed to register the apartment's alarm
system, which the tenant claims was installed by the owner.
After careful consideration, the Commissioner is of the
opinion that the tenant's PAR should be granted in part as more
fully set forth below.
A search of Division records reveals an order by the
Commissioner, under Docket NO. BD-110083-RO, concerning several
housing accommodations in the complex, remanding the issue of
recreational facilities to the Administrator to render a uniform
determination. The proceedings established on remand under
Docket No. EA-110062 RP, remain open and pending.
Accordingly, the Commissioner deems it appropriate to refer the
issue of recreational facilities for consolidation therewith.
On remand, the Administrator shall also determine whether an
alarm system in the tenant's apartment was a service required to
be provided by the owner, as claimed by the tenant. The record
ADM. REVIEW DOCKET NO.: BD-110434-RT
presented was insufficient to resolve the issue.
Concerning the tenant's allegation of lack of heat,
ventilation and air conditioning, the Commissioner notes that
Section 2520.6(r) of the Rent Stabilization Code requires an
owner to provide those services furnished, provided or required
to be provided by law on the applicable base date or thereafter.
The tenant's claim that he incurs the cost for electricity for
operating the apartment's equipment does not, in itself,
constitute a lack of service or a reduction from base date
services. Also, a tenant's objection is not the proper vehicle
to allege a reduction of services. This order is issued without
prejudice to the tenant's right to file a complaint alleging a
reduction of service or violation of applicable ordinances, as
the facts may warrant.
Concerning the tenant's claim of a rent overcharge, the
Commissioner notes that the Administrator's order set forth the
applicable provisions of the Rent Stabilization Law and the 421A
program but failed to resolve the tenant's charge that the rent
the owner charged and collected exceeded the legal regulated
rent. The tenant asserts at PAR that the owner had included the
annual 2.2% increases in the base rent both prior and subsequent
to 1982, and subjected these figures to guidelines increases, in
violation of applicable regulations. The proceedings are
therefore remanded to the Administrator also to process the
tenant's claim of a rent overcharge.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the tenant's petition be granted to the effect
of remanding the proceedings for further consideration of the
questions pertaining to recreational facilities, to consider if
the apartment alarm system is a required service, and to consider
the tenant's claim of a rent overcharge, as provided above.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
ADM. REVIEW DOCKET NO.: BD-110434-RT
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