BF 110307-RO; BF 110378-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 NOS.:
BF 110307-RO;
BF 110378-RO
KRAUS MANAGEMENT,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER 35595
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 16, 1987, the above-named petitioner-owner filed a peti-
tion for administrative review against an order issued on May 13,
1987, by the Rent Administrator, concerning the housing accommo-
dation known as 69-13 136th Street, Apartment B, Queens, New York,
wherein the Administrator determined the tenant's objection to the
1984 apartment services registration. A copy of the petition filed
under separate cover, was inadvertently assigned a separate PAR
docket.
The challenged order determined, in pertinent part, that a com-
munity room was a service provided by the owner, and directed that
the apartment registration be amended to reflect this fact.
On appeal, the owner admits that a community room is provided but
claims that permission to use the room was granted on a temporary
basis. However, the owner's submissions indicate that the com-
munity room privileges were granted by a prior owner in 1979.
The owner alludes to a holdover proceeding commenced in 1983, also
noting, however, that the court proceeding was discontinued. There
is also no indication that the court awarded possession to the
owner thereafter.
As to the owner's request that a hearing be held, the Commissioner
notes that this is a matter normally for the Administrator's
discretion. The Commissioner concurs that a hearing was not
necessary for a determination, as the owner's acknowledgement of
the tenant's occupancy of the community room since 1979, with the
prior owner's knowledge and consent, established the community room
as a service provided by the owner.
BF 110307-RO; BF 110378-RO
There is no validity to the owner's argument that the tenants'
objection to the 1984 services registration is not the proper forum
to decide whether the community room is a required service. Such
proceedings were promulgated pursuant to the Rent Stabilization Law
and Code to insure that owners continue to provide services
furnished on the base date or thereafter.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, it is
ORDERED, that the owner's petition be, and the same hereby is,
denied, and the Administrator's order be, and the same hereby is,
affirmed. The petition per Docket No. BF 110378-RO is hereby
terminated as duplicative.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy commissioner
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