ADM. APPEAL DOCKET NO. BG - 210332 - 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 - 210332 - RO
:
D.R.O. DOCKET NO.
036684
BEE GEE MANAGEMENT CO.
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On July 16, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on June 29, 1987, by
the District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 1829 Caton
Avenue, Brooklyn, New York, Apartment 3-J.
The issue herein is whether the District Rent
Administrator properly determined the services the owner is
obligated to and does provide to the tenant of the subject
apartment 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 November 10, 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 air conditioner repair, no storm windows, no
blinds/shades, rails for windows, smoke detector, and security
interest from apartment services and lobby furniture and doorman
from building services.
ADM. APPEAL DOCKET NO. BG - 210332 - RO
In an answer to the objection filed on January 23, 1987, the
owner stated that it provides window guards, smoke detector, lobby
furniture, and one doorman but not blinds, shades, or an air
conditioner. The owner added that new windows are being installed
for the entire building.
In a subsequent submission, dated March 19, 1987, the owner
repeated the identical list of services provided but added air
conditioner as well.
The District Rent Administrator's order, appealed herein,
amended the registration to include air-conditioner, doorman and
furniture in the subject apartment. It also noted that smoke
detectors and window guards are required by law and that they do
not have to be registered. The order was based upon owner's reply
below stating that he provides all services cited by tenant except
blinds and shades and the parties' failure to refute each other's
allegations.
On appeal, the petitioner-owner asserted that it does not
provide air conditioner, storm windows and blinds and shades.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted in part.
Section 2528.2 of the Rent Stabilization Code requires an
owner to include in the initial registration statement "all
services provided for in the last lease or rental agreement,
provided or required to be provided on the applicable base date, or
thereafter."
A review of the evidence of record and a reasonable
interpretation of that evidence reveals that the tenant was
alleging in the objection that her air conditioner required repair
and that the owner was not providing blinds/shades or storm
windows. The owner admitted that it provides an air conditioner
and the Administrator properly determined that the registration
should be amended to include this item. If the air conditioner
requires repair, the tenant is advised to file a complaint with the
Division if the owner refuses to make the necessary repairs.
The owner and tenant are in agreement that blinds/shades and
storm windows are not provided and the Administrator's order,
appealed herein, correctly determined that blinds/shades need not
be registered. The order, however, improperly implies that storms
windows are provided and a modification is required to delete this
item.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ADM. APPEAL DOCKET NO. BG - 210332 - RO
ORDERED, that this petition be, and the same hereby is,
granted in part, and the Administrator's order be, and the same
hereby is, modified in accordance with this order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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