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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.: BG 110175 RT
REGINA HECK,
DISTRICT RENT ORDER
DOCKET NO.: 024417
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 14, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
June 11, 1987, by the District Rent Administrator, concerning
housing accommodations known as 36-19 Bowne Street, Flushing, New
York, Apartment 6-J.
The appealed order of the District Rent Administrator determined
that the tenant's Fair Market Rent challenge would not be
entertained as the apartment was decontrolled on November 30,
1972 and rerented on February 1, 1972 at a permissible free
market rent, and further determined that the owner was not
required to furnish screens or a fireplace, but was required to
furnish laundry facilities.
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.
In this petition the tenant contends, in substance, that the
owner has not posted the building services registration form;
that window screens, fireplace and laundry facilities are
essential services required to be furnished by the owner and that
the owner never provided a rental history to the tenant.
The owner did not file an answer to the tenant's petition.
The Commissioner is of the opinion that this petition should be
denied.
The proceeding at the District Rent Office (DRO) level was
initiated by the tenant, on or about, August 14, 1984, by the
filing of an objection to the registration statement, based on
essential service and Fair Market Rent grounds.
The owner filed an answer, on April 20, 1986, to the tenant's
objection, in which, it essentially denied the tenant's
BG 110175 RT
allegations and further alleged that it does not provide screens
or a fireplace and that the building registration was, in fact,
posted in the lobby.
A review of the record reveals that the owner provided a rental
history after being requested to do so by the District Rent
Administrator. The owner also stated that apartments on the
fifth and sixth floor of the building have fireplaces.
The Commissioner notes that a fireplace is an integral part of
the building structure and it, therefore, need not be registered.
In the event that the tenant can no longer use a fireplace which
had previously been a working fireplace, the tenant may file a
service reduction complaint with the District Rent Office.
With regard to window screens and the posting of the building
services registration, the Commissioner is of the opinion that
the District Rent Administrator properly determined these matters
based upon the evidence of record.
Accordingly, the Commissioner finds that the District Rent
Administrator properly issued the order of June 11, 1987.
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 Administrator's Order be, and the same hereby is,
affirmed.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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