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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 8, 1987, the above-named petitioner-tenant filed an Admin
istrative Appeal against an order issued on July 21, 1986, by the
District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 305 West
45th Street, Apartment. 6-K, New York, New York.
The issue herein is whether the District Rent Administrator
properly terminated the tenant's objection to registration.
The District Rent Administrator's order, appealed herei , deter-
mined, inter alia, that the tenant's overcharge claim would be
transferred for separate processing under Docket No. L 311231-RT
and that the owner does not provide a stove for the subject
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.
On appeal, the petitioner-tenant contends, in substance, that
his rent includes a stove which the owner has failed to provide.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The proceeding at the District Rent Office was initiated by the
tenant on August 20, 1984, by the filing of an objection to the
registration statement, in which he alleged that a stove is not
provided by the owner but it was listed on the registration
On April 10, 1986, the owner filed an answer to the tenant's
objection, alleging in pertinent part, that it did not provide a
stove to the subject apartment because there was no gas line
running through the tenant's line of apartments. The owner
stated that a stove was listed in error as equipment provided to
the subject apartment.
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
Applying these principles to the instant proceeding, the
Commissioner finds that the owner has no obligation to provide
stove service to the tenant if it was not provided on the base
date or thereafter and the tenant concedes herein that he has
never had a stove provided to him by the owner.
It is also clear that the tenant has failed to present credible
evidence on appeal which would disturb or overturn the District
Rent Administrator's findings below. The existence of steam
radiators in his apartment or of stoves in other apartments is
not relevant to the owner's obligation to provide a stove to the
Accordingly, the owner was under no obligation to include stove
service for the subject apartment and the owner's error in
listing this item on the registration statement does not mean
that it is included in the rent charged for this apartment.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner