BF 110218 RT; BF 110214 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
APPEALS OF DOCKET NOS. BF 110218 RT
AND
BF 110214 RT
JOHN MCCARTHY AND STANLEY KRELLBERG,
DISTRICT RENT ADMINISTRATOR'S
DOCKET NOS. 035300 AND 035895
PETITIONERS
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On June 10, 1987, the above-named tenant, John McCarthy, filed a
petition for administrative review (BF 110218 RT) of an order
(Docket No. 035300) issued on May 26, 1987 by a District Rent
Administrator concerning housing accommodations known as 74-32
260th Street, Apartment 2, Glen Oaks, New York wherein the
Administrator ordered that the registration be amended to include
certain services.
On June 10, 1987, the above-named tenant, Stanley Krellberg,
filed a petition for administrative review (BF 110214 RT) of an
order (Docket No. 035895) issued on May 15, 1987 by a District
Rent Administrator concerning housing accommodations known as
260-70 73d Avenue, Apartment G-182, Glen Oaks, New York wherein
the Administrator ordered that the registration be amended to
include certain services as above.
Because these petitions present common questions of law and fact
the Commissioner is consolidating these petitions. This order
and opinion is dispositive of both petitions.
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 petitions for review.
On August 8, 1984, the tenant of Apartment 2 at 74-32 260th
Street commenced a proceeding (Docket No. 035300) by filing a
tenant's objection to the services registration statement filed
by the owner. The tenant alleged that the owner did not include
therein a number of apartment and building services.
Specifically the tenant stated that the owner omitted a stove,
refrigerator, shades, garage, linoleum, toilet seat, light
fixtures, screens, extermination services, and a master antenna
outlet as apartment services and electricity, storage space,
front desk, exterior door locks, benches, exterior lighting, snow
BF 110218 RT; BF 110214 RT
removal and salting, security, landscaping, parking spaces,
outside water-spigots, clotheslines, and community rooms as
building-wide services. The tenant also filed a fair market rent
appeal.
On August 8, 1984, the tenants of Apartment G182 at 260-70 73rd
Avenue commenced a proceeding (Docket No. 035895) by filing a
tenant's objection form to the services registration statement
filed by the owner. The tenant's allegations were identical to
the allegations enumerated above.
In answer to the tenants' objections, the owner asserted that a
stove and refrigerator are provided with the apartment;
electricity is not required to be registered; shades are not
provided; storage space outside the apartment is not provided;
garages are the property of the co-op corporation; there is no
front desk; linoleum, toilet seat, fixtures, screens, and
exterminator are provided with the apartment; and exterior door
locks, benches, parking, community rooms, snow removal, security,
landscaping, outside water spigots, and clotheslines are provided
by the co-op corporation for the common areas and are not
required to be listed on the apartment registration.
On May 15, 1987, the Rent Administrator issued an order under
Docket No. 035895 amending the registration to include a stove,
refrigerator, window shades, luggage room and screens. It also
noted that the right of rent stabilized tenants to rent garage
space was established in an earlier order (Docket Nos. 57577-B
and 62622-B issued on July 8, 1985). The tenant's fair market
rent appeal was dismissed based on a finding that the subject
apartment has been continuously under the Rent Stabilization Law
since that law went into effect.
On May 26, 1987, the Rent Administrator issued an order under
Docket No. 035300 making an identical finding to the order
above.
In the petitions for administrative review, both tenants urge
that the Administrator's orders should be amended to include all
the items contained in the original objection form or specify
which did not need to be listed because they are either required
by law or fall within the definition of normal maintenance.
After careful consideration, the Commissioner is of the opinion
that the tenants' petitions should be granted in part.
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.
BF 110218 RT; BF 110214 RT
Applying these principles to the instant proceeding the
Commissioner finds that electricity for common and exterior areas
and exterminator services are required by law and did not have to
be listed on the registration. Snow removal, salting,
landscaping, security and a front desk do not have to be listed
on the registration since they are apartment and building
maintenance requirements.
As for a toilet seat, parking spaces, and community meeting
rooms, the owner has not denied that these are services provided
to the apartment or building on the applicable base date. The
fact that some of them may be provided by the co-op corporation
does not relieve the owner of the obligation to include these
items on the registration and to insure their continued
availability. Accordingly, the registration should be amended to
reflect these facts.
The owner has also not denied that benches, exterior door locks,
linoleum, light fixtures in public areas, outside water spigots,
and clotheslines are provided. However, because of the minor
nature of these items, the Commissioner finds that they do not
have to be specifically listed on the registration statements.
They are required services, though, and any attempt to eliminate
these items will be justification for a rent reduction
application. Any prior orders issued by the Commissioner finding
that these services had to be registered were the result of the
owner's attempt to disclaim liability for these items. In order
to be consistent with this order, the prior orders should be
construed as finding that these minor services are required to be
provided but need not be registered.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that these petitions be, and the same hereby are,
granted in part, and that the Administrator's orders be, and the
same hereby are, modified as provided hereinabove.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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