ADM. REVIEW DOCKET NO.: BF 410279-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 NO.: BF 410279-RO
: DRO DOCKET NO.: 43888,
Examining
STEM REALTY CORP., Unit
PETITIONER : Tenant: Patrick Merla
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 15, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on May
28, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning housing accommodations known as Apartment No.
6C, 290 West 12th Street, New York, New York, wherein the Rent
Administrator determined that the apartment registration of
services should be amended to include one dishwasher and two air
conditioners as provided services.
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.
The tenant commenced this proceeding on September 1, 1984 by
filing an objection to the owner's registration of services based
on the omission therefrom of the above-stated items.
In answer to the objection, the owner submitted leases from
February 20, 1975 through June 30, 1989 for the subject apartment,
all containing a clause stating "It is understood and agreed that
the landlord will not render service to maintain air conditioners
or dishwashing machines, if in said apartment." The owner also
submitted three orders issued by this agency regarding other
apartments in the same building, two Administrator's orders and
one Commissioner's order, finding that pursuant to similar lease
clauses, the owner was not required to maintain the aforementioned
appliances.
The Commissioner's order determined that the owner provides
one dishwasher and two air conditioner units.
In this petition, the owner contends that the Rent
Administrator's Order is ambiguous and should be modified because
it does not state explicitly that although the owner does provide
a dishwasher and two air conditioners, the owner is not required
to maintain these appliances, based on lease clauses which place
ADM. REVIEW DOCKET NO.: BF 410279-RO
the burden of maintenance of these items on the tenant.
In answer to this petition, the tenant contends that the
order should be upheld because the Rent Stabilization Rider
attached to the tenant's lease states that "required services
...may include... air conditioning and other amenities."
The Commissioner is of the opinion that this petition should
be denied but the Administrator's order should be clarified.
This proceeding concerns the services and equipment required
to be registered on the apartment registration statement pursuant
to Section 2528.2 of the Rent Stabilization Code. The
Administrator correctly determined that the owner provides a
dishwasher and two air conditioners to the subject apartment and
the owner does not dispute this.
Although the responsibility for maintaining equipment is not
an item that is required to be registered, the Commissioner finds,
based on the preponderance of evidence in this case, including the
lease clause contained in the first and each renewal lease, that
the obligation to maintain the appliances in the event servicing
or repair is required belongs to the tenant. If, however, the
equipment cannot be repaired and must be replaced, the owner is
required to provide functioning replacements.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied and the Rent Administrator's order be, and the same hereby
is, affirmed, as clarified above.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
ADM. REVIEW DOCKET NO.: BF 410279-RO
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