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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.:
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JAMES MC CABE,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER 035303
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ORDER AND OPINION GRANTING ADMINISTRATIVE APPEAL IN PART
On July 7, 1987, the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on May 29, 1987, by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 260-58 75th Avenue,
Glen Oaks, New York, Apartment No. H4-2.
The issue herein is whether the Rent Administrator properly deter-
mined the services the owner is obligated to and does provide to
the tenant in the subject building and whether the registration
statement was properly amended to reflect those 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.
On October 2, 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 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 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.
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In answer to the tenant's objections, the owner asserted that a
stove and refrigerator are provided with the apartment; elec-
tricity 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 clothesline are provided by the co-op
corporation for the common areas and are not required to be listed
on the apartment registration.
On May 29, 1987, the Rent Administrator issued an order in which it
amended 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, 58299-B and 62622-B issued on
July 8, 1985). The tenant's fair market rent appeal was determined
to be a duplication of an application filed prior to April 1, 1984
and this part of the tenant's objection was assigned Docket No. Q
3120929-R. An order on this issue will be under the latter docket
number.
In the Petition for Administrative Review, the tenant urges that
the Administrator's order should be amended to include all the
items contained in the original objection form or specify which do
not need to be listed because they are either required by law or
fall within the definition of normal maintenance.
The Commissioner is of the opinion that the tenant's petition
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.
Applying these principles to the instant proceeding the Commis-
sioner 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 regis-
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tration since they are apartment and building maintenance
requirements.
As for benches, 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 assure their continued availability. Accord-
ingly the registration should be amended to reflect these facts.
The owner has also not denied that toilet seats, 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 order issued by the Commissioner finding that these ser-
vices 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.
The Commissioner notes that the issues of whether playgrounds,
storage space and front desk/maintenance crew are required services
and whether these services are being provided by the owner are the
subject of other proceedings filed with this agency and the parties
are advised to refer to the determinations made in those proceed-
ings (Docket Nos. FH 130079-RT and FH 130039-RO, e.g.).
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted in
part and that the Administrator's order be, and the same hereby is,
modified as provided hereinabove.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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