ADM. APPEAL DOCKET NO. BG - 210293 - 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE APPEAL
APPEAL OF DOCKET NO.:
BG - 210293 - RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
028259
BEE GEE EXCELSIOR MANAGEMENT CO.
PETITIONER :
------------------------------------X
ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
On July 1, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on June 4, 1987, by
the District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 777 East
31st Street, Brooklyn, New York, Apartment 6-F.
The issue herein is whether the District 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 August 27, 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 the following:
ADM. APPEAL DOCKET NO. BG - 210293 - RO
1. Air conditioners (9) Laundry room
2. Stove (10) Screens
3. Refrigerator (11) Doorman
4. Storage space (12) Superintendent
5. Lobby furniture (13) Porter
6. Dishwasher (14) Exterminator
7. Venetian blinds (15) Painting
(8) Master TV antenna
The District Rent Administrator's order, appealed herein,
amended the registration to include all services cited by the
tenant based upon information in the records and due to the owner's
failure to refute the tenant's allegations. The tenant was also
advised that painting and extermination services are required by
law and do not have to be registered.
On appeal, the petitioner-owner asserted that it does not
provide air-conditioners, storage space, lobby furniture,
dishwasher, venetian blinds, and screens and that consequently,
these services are not to be included on the registration. The
owner further stated that an answer was submitted to the District
Rent Administrator.
After a careful consideration of the entire evidence of
record, the Commissioner is of the opinion that the administrative
appeal should be remanded to the Rent Administrator for further
processing.
The Administrator's order was based on the owner's default but
the record demonstrates that a copy of the tenant's objection to
the services registration was sent to the owner on April 22, 1987,
and that the owner filed an answer thereto, on May 11, 1987.
Accordingly, the Commissioner finds that due process requires
that this proceeding be remanded to the Rent Administrator for the
purpose of affording the Rent Administrator an opportunity to
consider the owner's answer to the tenant's objection. The
Administrator should also consider the owner's allegations in its
petition for administrative review, and determine, after affording
the current tenant notice of the proceeding and an opportunity to
be heard, which services are required to be registered pursuant to
Section 2528.2 of the Rent Stabilization Code which provides that
the initial registration must include "all services provided for in
the last lease or rental agreement, provided or required to be
provided on the applicable base date, or thereafter."
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ADM. APPEAL DOCKET NO. BG - 210293 - RO
ORDERED, that this petition be, and the same hereby is,
granted to the extent of remanding this proceeding to the Rent
Administrator for further processing in accordance with this order
and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|