ADM. APPEAL DOCKET NOS. BD 110578 RO & BD 110541 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 APPEAL
APPEALS OF DOCKET NOS.
BD 110578 RO
: BD 110541 RO
D.R.O. DOCKET NOS.
044839
044738
NATHAN KATZ
PETITIONER :
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.ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW,
IN PART
On April 7, 1987 and April 13, 1987, the above-named
petitioner-owner filed Administrative Appeals against orders issued
on March 3, 1987 and March 10, 1987 by the District Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 34-15 Parsons
Boulevard, Flushing, New York, apartments 7-S and 5-L.
The Commissioner has consolidated these two petitions as they
involve common questions of law and fact.
The issue herein is whether the District Rent Administrator
properly determined the services the owner is obligated to and does
provide to the tenants and whether the registration statement was
properly amended to reflect those services.
The District Rent Administrator's orders, appealed herein,
determined that all services cited by the tenants are provided by
the owner and that window repairs, linoleum, gardening,
extermination, and maintenance are services that are normal
maintenance or required by law and should not be registered. The
orders further provided that the registrations will be corrected to
include those services which must be listed and the tenants were
advised to file complaints with the New York State Division of
Housing if the owner failed to maintain services.
ADM. APPEAL DOCKET NOS. BD 110578 RO & BD 110541 RO
On appeal, the petitioner-owner asserted, inter alia, that the
District Rent Administrator misinterpreted some information
contained in his answer to the Tenants' Objections to the Rent/
Service Registrations and that certain service items omitted from
the initial apartment registration forms were mere oversights and
that these oversights have since been corrected on the revised
apartment registration forms. Additionally, the petitioner alleged
that screens and shades were never provided to the tenants and that
as to the master television antenna service, Home Box Office
provides the services to any subscribing tenant.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeals
should be granted in part.
The proceedings before the District Rent Office were initiated
by the tenants on September 17, 1984, by the filing of objections
to the registration statements in which they listed numerous
services that the owner should be providing.
The owner filed an answer to the tenants' objections stating,
inter alia, that stove, refrigerator, blinds, laundry room, trash
disposal/removal, maintenance service (3 full time employees, 1
part time employee), and recreational services are services
provided to the tenants.
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. However, a service continuously provided by an independent
contractor for which there is no common ownership between the
operator of such service and the owner is not subject to the
provisions of the Code.
A review of the file reveals that the owner's answers filed
below conceded that he provided all those services claimed by the
tenants to be omitted from the registrations excepting screens,
shades, master television antenna, normal maintenance or those
services required by law.
Accordingly, the Commissioner finds that, in pertinent part,
the District Rent Administrator properly issued the orders below.
ADM. APPEAL DOCKET NOS. BD 110578 RO & BD 110541 RO
The owner is not required to delineate on the registration
statements those services categorized as normal maintenance; nor is
he required to specify those services required by law. The owner
is required to include all those services provided for in the last
lease or provided or required to be provided on the applicable base
date or thereafter.
The Commissioner further finds that the District Rent
Administrator properly decided all aspects of the tenants'
objections to the registrations, except with regard to the master
television antenna and the screens and shades.
Regarding the master television antenna, the owner stated that
these services had always been supplied by an independent
contractor, and the tenants have not refuted such statement.
Accordingly, the Commissioner finds that since the base date or the
time the service was first provided, the master television antenna
has been provided by an independent contractor. Therefore, this
service is not subject to the provisions of the Code and need not
be registered.
With respect to the owner's contention that screens and shades
were never provided to the tenants, the Commissioner further finds
that the District Rent Administrator erred by requiring this
service to be added to the registration statements.
It is noted that the owner admitted below that he provides
blinds to the tenants. On this basis, therefore, the Commissioner
finds that the registration statements must be amended to include
blind service to the tenants.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that these petitions be, and the same hereby are,
granted in part and that the orders of the District Rent
Administrator be, and the same hereby are, modified, as provided
hereinabove. The orders of the District Rent Administrator are
ADM. APPEAL DOCKET NOS. BD 110578 RO & BD 110541 RO
hereby affirmed in all other respects.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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