BG 110215 RT
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. BG 110215 RT
: DRO DOCKET NO. 42265
GHISLAINE C. AUDAIN
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
On July 6, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on June
15, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 41-06 Case
Street, Queens, New York, Apartment No. 3H, wherein the Rent
Administrator determined that the owner provides a refrigerator for
the subject apartment and provides a full time superintendent for
the subject premises.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2528.2 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
This proceeding was originally commenced by the filing of a
Tenant's Objection Form challenging the owner's apartment
registration statement. The tenant alleged in substance that she
had purchased her own refrigerator for the subject apartment.
In response, the owner stated that the tenant never told the
owner that she had purchased her own refrigerator.
Subsequently, the tenant submitted a copy of a bill and
cancelled check showing she had purchased her refrigerator from
Sears in 1982. Unfortunately, this submission was not made part
of the file before the Rent Administrator although submitted prior
to the issuance of the Rent Administrator's order.
In Order Number 42265, the Rent Administrator determined
among other things that due to the tenant's failure to respond to
the owner's answer, that the owner in fact supplied the
BG 110215 RT
In this petition, the tenant contends in substance that the
refrigerator is her property and that the blinds were sold to her
by the prior tenant.
In answer to the petition, the owner concedes that the tenant
does own the refrigerator and that it has updated its records to
reflect such ownership of the refrigerator.
The Commissioner is of the opinion that this petition should
be granted in part.
The tenant supplied evidence in the proceeding before the
Rent Administrator establishing that she in fact owns her own
refrigerator. Moreover, the owner has now conceded that the
tenant does own the refrigerator. Accordingly, the apartment
registration is hereby amended to show that the tenant herein owns
the refrigerator in the subject apartment. However, the owner
remains responsible for supplying a working refrigerator in the
subject apartment upon vacancy of the subject apartment by the
With regard to the tenant's contention concerning the blinds,
it is noted that the tenant did not state in her original
objection that she owned the blinds so that such contention cannot
be considered for the first time on appeal.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, granted in part, and, that the order of the
Rent Administrator be, and the same hereby is, modified in
accordance with this order and opinion.
JOSEPH A. D'AGOSTA
BG 110215 RT