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 June 29, 1987, the above-named petitioner-owner filed a Petition
for Administrative Review (PAR) against an order issued on June 11,
1987, by the then Rent Administrator at 10 Columbus Circle,
concerning the housing accommodations known as 111-46 76th Drive,
Queens, New York, Apartment 5-A, that determined the tenant's
objection to the owner's initial 1984 registration.
The challenged order deemed the factual allegations of the tenant's
objection to be admitted, based on the owner's apparent failure to
reply. The registration was amended to reflect that blinds/shades,
gas and a master TV antenna were services provided by the owner.
The order also noted that items of normal maintenance and repairs
were an integral part of the structure and/or items that were
required by law and therefore, need not be registered.
On appeal, the owner submits a copy of his response dated March 4,
1987, sent by certified mail (P 267 286 203) postmarked March 13,
1987, and received by the Rent Office on March 16, 1987. Therein,
the owner indicated that he had been notified by the tenant of her
intention to withdraw her objection to the apartment registration.
In fact, both the owner's answer and the tenant's letter were found
filed in the case docket, but may not have reached the Adminis-
trator in time for his consideration.
The tenant had withdrawn her objection as to the blinds/shades
issue, noting that she had purchased her own blinds, but requested
determination of the remaining objections.
Based on the complete record presented below and on appeal, the
Administrator's order is amended to delete findings that the owner
failed to reply to the tenant's objection. In other respects, the
Administrator's order is affirmed, including the finding that
blinds/shades are a required service.
The record establishes that the tenant purchased her own blinds.
They are the tenant's property and the tenant is responsible to
maintain and repair them. The Commissioner is of the further
opinion that the owner failed to assert or establish that blinds
were not provided as a service on the base date or thereafter.
Accordingly, the owner remains obligated to provide blinds/shades
if requested to do so by present or future tenants.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is,
ORDERED, that the owner's petition be, and the same hereby is,
denied and that the Administrator's order be, and the same hereby
is, affirmed as modified above.
JOSEPH D. AGOSTA
Acting Deputy Commissioner