ADM. REVIEW DOCKET NO.: BG - 110213 - RT
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 - 110213 - RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
036363
MARION KESTERMAN,
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On July 23, 1987, the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on June 29, 1987, by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 263 - 03 73rd
Avenue, Glen Oaks, New York, Apartment 2.
The issue herein is whether the Rent Administrator properly
determined 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
ADM. REVIEW DOCKET NO.: BG - 110213 - RT
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.
In answer to the tenant's objections, the owner asserted that
a stove and refrigerator are provided with the apartment;
electricity 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 clotheslines are provided by
the co-op corporation for the common areas and are not required to
be listed on the apartment registration.
On June 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).
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
Commissioner finds that electricity for common and exterior areas
ADM. REVIEW DOCKET NO.: BG - 110213 - RT
and exterminator services are required by law and did not have to
be listed on the registration. Snow removal, salting, landscaping,
security and front desk do not have to be listed on the
registration 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.
Accordingly, 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
services 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
proceedings (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.
ADM. REVIEW DOCKET NO.: BG - 110213 - RT
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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