ADM. APPEAL DOCKET NO. BG - 410167 - 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 - 410167 - RO
:
DRO DOCKET NO.
045756
JOSEPH R. BILODEAUX
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 7, 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 32 West
72nd Street, New York, N.Y., Apartment 4-B.
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 District Rent Administrator's order, appealed herein,
amended the registration to include air-conditioner, venetian
blinds and furniture services cited by the tenant in her objection
to the registration based on the evidence in the record and the
owner's failure to respond to the tenant's allegations.
On appeal, the petitioner-owner asserted that the subject
apartment was not rented to the tenant with air-conditioners,
venetian blinds or furniture and that the tenant admits this fact
in a signed notarized statement, dated July 1, 1987. The aforesaid
tenant statement also requested that the tenant's objection to the
registration be discontinued.
The tenant did not answer the petition.
ADM. APPEAL DOCKET NO. BG - 410167 - RO
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted.
The tenant, on August 28, 1984, commenced the original
proceeding by filing with the Division a tenant's objection form to
the services registration statement filed by the owner, alleging
the owner's failure to include air-conditioner, venetian blinds and
furniture as services provided with the apartment.
A copy of the tenant's objection was sent to the owner on June
17, 1987. The owner filed an answer thereto, on June 22, 1987,
asserting without documentation that the tenant no longer wanted to
pursue the objection and that the tenant had accepted the 1984
apartment registration. The owner did not state whether the
services in question were provided.
However, an examination of the tenant's statement of July 1,
1987 reveals that it adequately expresses consent by the tenant
that the apartment was not rented to her with an air conditioner,
venetian blinds, or furniture.
Based on the tenant's signed statement submitted by the owner
and the tenant's failure to refute it, the Commissioner finds that
the apartment registration statement should not be amended to
reflect air-conditioner, venetian-blinds and furniture as services
provided by the owner.
Upon the facts found herein, the Commissioner further finds
that the District Rent Administrator's order, dated June 29, 1987,
should be revoked and the aforesaid three services removed from the
apartment registration statement.
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,
granted, and the Administrator's order be, and the same hereby is,
revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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