ADM. APPEAL DOCKET NO.: BG - 110251 - 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 APPEAL
APPEAL OF DOCKET NO.:
BG - 110251 - RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
040577
MARSHALL SROGE-KRAUS
REALTY MANAGEMENT, LTD.,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 24, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on June 19, 1987, by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodation known as 69-39-A Park Drive
East, Kew Gardens Hills, N. Y., Apartment A.
The issue herein is whether the Rent Administrator properly
determined the tenants' objection to the 1984 apartment
rent/services registration.
On September 17, 1984, the tenants commenced the original
proceeding by filing with the Division a tenant's objection form to
the services registration statement filed by the owner. The
tenants alleged, inter alia, that the owner did not include therein
a number of apartment and building services.
The Rent Administrator's order, appealed herein determined,
inter alia, that the registration statement was to be amended to
include all services cited by the tenants in their objection to the
registration on the ground that all of these services are provided
by the owner. The order further stated that those service items
which are normal maintenance and repair are an integral part of the
structure, or required by law, and need not be registered. The
determination also excluded screen doors and storm windows from
the registration because these services were not base date
services. Community room service was specifically noted as a
service provided by the owner.
ADM. APPEAL DOCKET NO.: BG - 110251 - RO
On appeal, the petitioner-owner asserted that community room
service is not a base date or required service and that permission
to use a community room was granted to the tenants on a temporary
basis. Additionally, the owner requested that a hearing be held by
the Division to decide this issue on appeal.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The Commissioner notes that the sole issue raised by the
petitioner on appeal concerns the propriety of amending the
registration statement to include a community room.
The owner admits that there is a room on the property
presently used as a community room, but claims that permission to
use same was granted on a temporary basis.
The record, however, belies this claim. Attached to the
owner's petition is an answer previously submitted by the owner,
which clearly demonstrates that community room privileges were
granted by a prior owner to the tenants in May of 1979.
Although reference is made by the owner to a holdover
proceeding commenced against the occupants of the community room in
1983, the file is devoid of a court order awarding possession to
the owner.
Accordingly, the Commissioner finds that the tenants'
occupancy of the community room, since 1979, constitutes a waiver
by the owner and that community room service is a required service.
As to the owner's request that a hearing be held, the
Commissioner finds that this is a matter for the sole discretion of
the Commissioner and that a hearing is not necessary for a
determination of the issue.
The Commissioner further finds, therefore, that the District
Rent Administrator properly determined the tenants' objection to
the 1984 apartment rent/services registration.
THEREFORE, in accordance with the provisions of 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,
ADM. APPEAL DOCKET NO.: BG - 110251 - RO
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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