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.:
KRAUS MANAGEMENT CO.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 22, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on June 9, 1987, by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 68-42 136th Street,
Kew Garden Hills, New York, Apartment B.
The issue herein is whether the District Rent Administrator
properly determined the tenant's objection to the 1984 apartment-
On September 14, 1984, the tenant commenced the original proceeding
by filing with the Division a tenant's objection form to the
services registration statement filed by the owner. The tenant
alleged, inter alia, that the owner did not include therein a
number of apartment and building services.
The Rent Administrator's order, appealed herein, determined inter
alia, that the registration statement was to be amended to include
all services cited by the tenant in her objection to the
registration on the ground that all of these services are provided
by the owner. The order further stated that those service items
which are normal maintenance and repair are an integral part of the
structure, or required by law, and need not be registered. The
deter-mination also excluded screen doors and storm windows from
the registration because these services were not base date
services. Community room service was specifically noted as a
service provided by the owner.
On appeal, the petitioner-owner asserted that community room
service is not a base date or required service and that permission
to use a community room was granted to the tenants on a temporary
basis. Additionally, the owner requested that a hearing be held by
the Division to decide this issue on appeal.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The Commissioner notes that the sole issue raised by the petitioner
on appeal concerns the propriety of amending the registration
statement to include a community room.
The owner admits that there is a room on the property presently
used as a community room, but claims that permission to use same
was granted on a temporary basis.
The record, however, belies this claim. Attached to the owner's
petition is an answer, previously submitted by the owner, which
clearly demonstrates that community room privileges were granted by
a prior owner to the tenants in May of 1979.
Although reference is made by the owner to a holdover proceeding
commenced against the occupants of the community room in 1983, the
file is devoid of a court order awarding possession to the owner.
Accordingly, the Commissioner finds that the tenants' occupancy of
the community room, since 1979, constitutes a waiver by the owner
and that community room service is a required service.
As to the owner's request that a hearing be held, the Commissioner
finds that this is a matter for the sole discretion of the
Commissioner and that a hearing is not necessary for a determina-
tion of the issue.
The Commissioner further finds, therefore, that the District Rent
Administrator properly determined the tenant's objection to the
1984 apartment rent/services registration.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion 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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner