ADM. REVIEW DOCKET NOS.: BG - 410124 - RO, BG - 410125 - RO, BG -
410126 - 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 REVIEW
APPEALS OF DOCKET NOS.:
BG - 410124 - RO
BG - 410125 - RO
: BG - 410126 - RO
RENT ADMINISTRATOR'S
DOCKET NOS.:
044987
WPG RESIDENTIAL INC. 044985
044986
PETITIONER :
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ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
On July 24, 1987, July 27, 1987 and July 29, 1987, the above-
named petitioner-owner filed petitions for administrative review of
orders issued on June 18, 1987, and June 22, 1987, by the Rent
Administrator, concerning the housing accommodation known as 222
East 35th Street, New York, N. Y. Apartments 3J, 5H and 1 - D,
wherein the Administrator determined that the registration
statements were to be amended to include stove, refrigerator,
venetian blinds, coin-operated washers - dryers, partial use of
roof chairs and a furnished lobby. The Rent Administrator's
determinations were based, inter alia, on the owner's answer, which
the Rent Administrator interpreted as a full admission by the owner
that all of the above services were provided services. The Rent
Administrator further determined that posting of the registration
is mandatory in an area accessible to all building tenants.
The Commissioner has consolidated these three petitions as
they involve common questions of law and fact.
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 appeals.
ADM. REVIEW DOCKET NOS.: BG - 410124 - RO, BG - 410125 - RO, BG -
410126 - RO
The issue herein is whether the Rent Administrator properly
determined the services the owner is obligated to and does provide
to the tenants and whether the registration statements were
properly amended to reflect those facts.
On appeal, the petitioner-owner stated that the Rent
Administrator erred by interpreting its answers below as full
admissions that all services noted in the tenants' objections to
the registrations were provided to the tenants. Rather, the owner
admitted that all said services were provided except for
recreational facilities (roof) and lobby decoration.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeals
should be granted.
According to Section 2528.1 of the Rent Stabilization Code, an
owner was required to register all housing accommodations subject
to the Rent Stabilization Law on April 1, 1984 and to include in
that registration all services provided for in the last lease or
provided or required to be provided on the applicable base date or
thereafter. No service may be discontinued except by mutual
agreement between the owner and the tenant and the approval of the
Division with an appropriate adjustment in the rent.
Required services are defined by Section 2520.6(r) of the Code
and include ancillary services not contained within the individual
housing accommodation.
A review of the record reveals that the owner's answers of May
28, 1987, clearly acknowledged that all services noted in the
tenants' objections to the registrations were provided with the
exception of recreational facilities (roof) and lobby decoration.
Moreover, the owner, on appeal, submitted copies of the
amended apartment registrations for the subject apartments, which
showed that recreational facilities and furniture services were not
provided services.
In the absence of any other compelling evidence, the
Commissioner finds that recreational and lobby furniture services
are not provided services and that the Rent Administrator erred by
including them in the registration statement for the subject
building.
The Commissioner notes that the issue about posting of the
registration statement was not raised in the owner's petitions.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ADM. REVIEW DOCKET NOS.: BG - 410124 - RO, BG - 410125 - RO, BG -
410126 - RO
ORDERED, that these petitions be, and the same hereby are,
granted, and that the Administrator's orders be, and the same
hereby are modified to delete recreational roof access and lobby
decoration as services required to be registered. The registration
statements should be amended to reflect the deletion of
recreational roof access and lobby decoration services.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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