ADM. REVIEW DOCKET NO. BD 410502 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. BD 410502 RO
: DRO DOCKET NO. 044139
ROYAL COMPANY
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 30, 1987 the above-named petitioner filed a
Petition for Administrative Review against an order issued on
April 13, 1987 by the District Rent Administrator, 10 Columbus
Circle, New York, New York, concerning Apartment 2E at 215 West
10th Street, New York, New York, wherein the Administrator amended
the rent/services registration.
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 administrative appeal.
The proceeding was commenced by the filing by the tenant of
an objection to the apartment's 1984 rent/services registration
in which the tenant alleged that the following services were
omitted from the registration: stove, refrigerator, dishwasher,
two room air conditioners, and blinds.
In answer, the owner stated that the only services it
provides are those included in the lease, and that all services
omitted from the apartment's registration are the tenant's
responsibility, as stated in the lease.
In the order under appeal herein, the Administrator deemed
the tenant's allegations admitted based on the owner's failure to
submit an answer, determined that the owner provides all of the
services cited by the tenant, and amended the registration to
reflect these facts. The Administrator noted that the tenant is
responsible for maintenance of blinds, but the owner must replace
them if they become irreparable.
In this petition, the owner states that it did submit an
answer in the proceeding before the Administrator. The owner
ADM. REVIEW DOCKET NO. BD 410502 RO
reiterates that the only services provided by the owner are those
included in the lease, and that all other services and maintenance
of appliances, air conditioners and blinds are the responsibility
of the tenant, as stated in the lease.
In answer, the tenant asserts that the owner supplied the
services in question to her at the time she moved into the
apartment; that the owner replaced the refrigerator once; that the
owner tried on several occasions to obtain the tenant's acceptance
of a waiver of responsibility for these items; that the appliances
belong to the owner; and that it is the owner's responsibility to
maintain and/or replace these items when defective or beyond
repair.
By notice dated July 3, 1991, the owner was requested to
provide copies of all leases with this tenant. The owner
complied with this request.
The Commissioner is of the opinion that this petition should
be denied.
The record in this case indicates that the owner submitted an
answer during the proceeding before the Administrator which was
not considered by the Administrator. Therefore this answer will
be considered on appeal.
Section 2528.2 of the Rent Stabilization Code provides, in
pertinent part, that the initial registration shall include all
services provided for in the last lease or rental agreement,
provided or required to be provided on the applicable base date,
or thereafter.
The Commissioner finds that the evidence of record does not
warrant disturbing the Administrator's order. All leases between
the parties are silent with regard to the services in question.
The owner does not dispute that the items in question belong to
the owner and are provided by the owner, but rather disputes that
it is responsible for maintenance of these items. The owner may
not disclaim responsibility for services it provides. The
Commissioner accordingly finds that the Administrator correctly
determined that the services in question are provided by the owner
and properly directed that the registration be amended
accordingly. The Commissioner further finds that the
Administrator correctly determined, in accordance with
longstanding DHCR policy, that the tenant is responsible for
maintenance of venetian blinds, but the owner must replace them if
they become irreparable.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be and the same hereby is,
denied, and the Administrator's order be and the same hereby is
affirmed.
ISSUED:
ADM. REVIEW DOCKET NO. BD 410502 RO
ELLIOT SANDER
Deputy Commissioner
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