DOCKET NOS.: BG-410401-RO/BG-410402-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
APPEAL OF : DOCKET NOS.: BG-410401-RO
: BG-410402-RO
:
: D.R.O. DOCKET NOS.: 044606,
CORONET PROPERTIES CO., : 044612, EXAMINING UNIT
:
: TENANTS: D. WADIA, N. SHEINER
:
PETITIONER :
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ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
These petitions have been consolidated pursuant to Rent
Stabilization Code ("Code") Section 2524.1(c) as they involve
common issues of law or fact.
On July 23, 1987, the above-named petitioner-owner filed
Petitions for Administrative Review against two orders issued on
June 22, 1987, by the Rent Administrator, 10 Columbus Circle,
New York, New York, concerning housing accommodations known as
Apartments 09A and 14F, 127 West 79th Street, New York, New York
wherein the Rent Administrator determined, in part, that the
apartment registrations for the above-captioned tenants should be
amended to show that the owner provides nine full-time employees
and three part-time employees. In both orders the
Administrator's decision was based in part on the assumption that
the owner had failed to answer the tenants' objections.
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.
In these petitions, the owner contends that the Rent
Administrator's Order is incorrect and should be modified because
in fact the owner had answered the tenants' objections on June 3,
1987, that is, three weeks before the orders were issued. Each
petition has a copy of the owner's answer attached thereto. The
owner admits the answers were delayed, but alleges
the delay was due to the fact that the objection had been mailed
to a wrong address. In substance, the owner objects only to the
number of employees stated in the Administrator's orders. The
owner alleges the correct figures should be eight full-time and
no past-time employees.
In answer to this petition the tenant in the second captioned
proceeding states she has no objection to the modification sought
by the owner, as long as the Rent Administrator's order remains
otherwise unchanged. The tenant in the first-captioned
proceeding failed to answer the petition, although given the
opportunity to do so.
The commissioner is of the opinion that these petitions should be
granted.
An owner is not required to register the number of employees that
perform building services because required services do not
include the number of employees. An owner may change the number
of employees or working hours so long as janitorial services are
being adequately supplied.
The Commissioner therefore modifies the Rent Administrator's
order to direct the owner to amend the building services
registration to delete the number of employees.
This order is without prejudice to the tenants' rights to file a
service complaint if actual services decrease, regardless of the
number of employees.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that these petitions be, and the same hereby are
granted and the Rent Administrator's orders be, and the same
hereby are, modified in accordance with this Order and Opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BG-410401-RO/BG-410402-RO
DRO Docket No/Order No.: DOCKET NOS.: 044606, 044612,
Examining Unit
Tenant(s): D. WADIA, N. SHEINER
Owner: CORONET PROPERTIES CO.,
Code Section: 2528
Premises: 127 WEST 79TH STREET, NEW YORK, NY,
APARTMENTS 09A AND 14F
DOCKET NOS.: BG-410401-RO/BG-410402-RO
ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
Registration of services modified regarding the number of employees
based on acquiescence of one tenant and the failure of the second
tenant to answer the PAR. MGA
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty.
Owner's Atty.
Date: : by
signature
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