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 110368-RO
ROBERT STIDOLPH FOR DRO DOCKET NO.: 45015, EXAMINING
BROCTOR REALTY ASSOC., UNIT
PETITIONER : TENANT: NICHOLAS J. FORZIANO
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 15, 1987, the above named petitioner-owner filed a Petition for
Administrative Review against an order issued on June 30, 1987, by the
Rent Administrator, 10 Columbus Circle, New York, New York concerning
housing accommodations known as Apartment 110, 134-25 Franklin Avenue,
Flushing, New York, wherein the Rent Administrator determined that the
apartment registration should be amended to reflect certain services
allegedly omitted by the owner.
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.
The tenant commenced this proceeding on August 31, 1984 by filing an
objection to the owner's registration of provided services.
Based on the assumption that the owner had defaulted, in Order Number
045015, Examining Unit, the Rent Administrator determined that the
tenant's allegations should be deemed admitted and amended the subject
apartment's registration to conform with the tenant's allegations.
In this petition, the owner contends that the Rent Administrator's Order
is incorrect and should be modified because in a letter dated June 5, 1987
the owner had requested an extension to July 15, 1987 to answer the
tenant's objection to registration. On July 2, 1987 the owner filed a
stipulation post-marked June 30, 1987 wherein the tenant withdrew his
complaint and agreed that the alleged services were in fact not provided.
The tenant did not answer this petition, although given the opportunity to
The Commissioner is of the opinion that this petition should be granted.
Since the stipulation was reached and filed within the requested extension
period, which extension had not been denied by the Administrator, the
Commissioner finds it appropriate to hereby revoke the Administrator's
DOCKET NUMBER: BG 110368-RO
Parenthetically the Commissioner notes that if an owner allows a tenant to
install tenant-owned appliances, such as a dishwasher or air conditioner,
even though the appliances themselves are not required services with
respect to the installing tenant, the right to have such appliances may be
a required service.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and the
Rent Administrator's order be, and the same hereby is, revoked. The
registration of provided service shall be as first registered by the