BD 410363 RO
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
APPEALS OF DOCKET NOS. BD 410363 RO
and BG 410218 RT
Metropolitan Life Insurance
John R. Caldwell, DISTRICT RENT
DOCKET NO. 038785
ORDER AND OPINION TERMINATING PROCEEDING UNDER
DOCKET NO. BD 410363 RO AND
DENYING PETITION FOR ADMINISTRATIVE REVIEW UNDER DOCKET
NO. BG 410218 RT
On July 23, 1987, the above-named tenant filed a petition for
administrative review of an order issued on June 23, 1987 by a
District Rent Administrator concerning the housing accommodations
known as Apartment 2D, 274 First Avenue, New York, New York.
The Commissioner notes that the petition filed on April 7, 1987,
under Docket No. BD 410363 RO, for review of an order issued on
March 4, 1987, has been rendered moot by the issuance of a
corrected District Rent Administrator's order issued on June 23,
The appealed order of the District Rent Administrator
determined, inter alia, that garage parking has always been
provided by an independent contractor not affiliated with the
owner, and that the garage parking was not subject to rent
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 petition for review.
The tenant commenced the original proceeding by filing with the
Division a tenant's objection to the services registration dated
September 23, 1984. In his objection the tenant, among other
things, asserted, in substance, that the availability to tenants
only of six underground garages had been omitted from the
Building Services Registration.
In answer to the tenant's objection, the owner asserted, in
substance and pertinent part, that garages were not a required
service existing on the base date but were provided to users by
an unaffiliated independent contractor for a separate charge.
On March 4, 1987 the District Rent Administrator issued an order
in which it was determined, among other things, that although
BD 410363 RO
certain facilities are provided by outside contractors or vendors
it does not lessen the owner's responsibility for their
maintenance, and that they are services to which the tenant is
On May 4, 1987 the proceeding was reopened for further
processing based on an irregularity in a vital matter.
On June 17, 1987 the District Rent Administrator issued a
corrected order and determination which was amended by order
issued June 23, 1987. In the above orders, the Administrator
found among other things that the garage parking had always been
provided by an independent contractor and was not subject to rent
stabilization and need not be registered as a service with the
In his petition for administrative review the tenant asserts, in
substance and pertinent part, that the original finding regarding
garages in the March 4, 1987 order should not have been
disturbed and that availability of the six on-site garages and
their maintenance should be designated as a required service and
these garage spaces contained therein should be made available to
tenants within thirty days of the tenants' written request.
In answer to the tenant's petition, the owner contends, in
substance and pertinent part, that it is not responsible for
maintaining the garage service and the subject tenant is not
entitled to garage space. The owner further asserts that the
garage parking is not subject to rent stabilization and makes
reference to several previously issued Administrator's orders in
which it was determined that garage parking for the subject
premises is not subject to Rent Stabilization and is not a
The Commissioner is of the opinion that the proceeding under
Docket No. BD 410363 RO should be terminated and that the
tenant's petition, under Docket No. BG 41028 RT, should be
Section 2527.8 of the Rent Stabilization Code provides that the
agency may on its own initiative modify or revoke any order
issued by it where the DHCR finds that such order was the result
of, among other things, irregularity in vital matters.
The instant proceeding involves the reopening of an order (issued
March 4, 1987 under Docket No. 038785) due to an irregularity in
a vital matter, based on the fact that the Administrator failed
to consider a service issue made a part of the tenant's original
complaint, for which a corrected order was subsequently issued.
The record reveals that the parties had an adequate opportunity
to respond to the reopening and therefore the principles of due
process were satisfied. Further, the District Rent
Administrator, upon the reopening of this proceeding, had the
power to modify the order herein appealed.
The Commissioner finds that the amended June 23, 1987 order
correctly determined that the garages need not be registered.
Section 2528.2 of the Rent Stabilization Code, effective May 1,
1987 requires the initial registration to include "all services
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provided for in the last lease or rental agreement, provided or
required to be provided on the applicable base date, or
Section 2520.6(r)(4)(xi) of Code, provides:
"(xi) A service defined in paragraph (3) of this subdivision
(r) for which there is or was a separate charge, shall not
be subject to the provisions of this Code where no common
ownership between the operator of such service and the owner
exists or existed on the applicable base date, or at any
time subsequent thereto, and such service is or was provided
on the applicable base date and at all times thereafter by
an independent contractor pursuant to a contract or
agreement with the owner."
Paragraph (3) of subdivision (r), defines "Ancillary Services"
"That space and those required services not contained within
the individual housing accommodation which the owner was
providing on the applicable base dates set forth below; and
any additional space and services provided or required to be
provided thereafter by applicable law. These may include,
but are not limited to, garage facilities, laundry
facilities, recreational facilities, and security."
The applicable base date for building-wide services, pursuant to
Section 2520.6(r)()4)(iv), of the Rent Stabilization Code with
respect to all buildings within the subject premises known as
Stuyvesant Town, is May 29, 1974. (All buildings within
Stuyvesant Town became subject to the Rent Stabilization Law and
Section 423 of the Real Property Tax Law as of July 1, 1974).
The Administrator found that parking is not a required service.
Since the space now allocated for use as a garage by the tenants
of the subject premises has been operated as a garage by an
independent contractor since the effective stabilization base
date (July 1, 1974), the owner is not obligated to provide or
maintain the garage spaces for the rent stabilized tenants.
Accordingly, the Commissioner is of the opinion that the
petition for administrative review, under Docket No.
BG 410218 RT should be denied.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that the proceeding under Docket No. BD 410363 RO be,
and the same hereby is, terminated in accordance with this order
and opinion; and it is
FURTHER ORDERED, that the petition under Docket No. BG 410218 RT
be, and the same hereby is, denied, and that the
Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA
BD 410363 RO
Acting Deputy Commissioner