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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 NO.:
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KEPASI REALTY CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BC 420019-RP
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 17, 1987 the above-named petitioner owner filed a petition
for administrative review against an order issued on June 10, 1987
by a Rent Administrator concerning the housing accommodation known
as Apt. 4-F, 313 West 100th Street, New York, New York, wherein the
Administrator ordered that the maximum collectible rent for the
subject apartment be reduced by $41.00 per month based on a finding
that the landlord had failed to provide furniture and furnishings.
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 appeal.
The tenant commenced this proceeding by filing an application for
a decrease in rent on February 20, 1986 in which he stated that the
apartment, which is registered as furnished, is unfurnished.
In answer to the complaint, the landlord asserted that the apart-
ment is registered as "not furnished" but advised that if this had
been changed, the landlord was willing to supply furniture.
The tenant responded on August 26, 1986, explaining that when he
first rented the apartment twenty years ago, it was furnished but
as the furnishings wore out, they were replaced by the tenant with
the knowledge and consent of the then owner. The tenant added that
since 1972, all the furniture is his.
After a physical inspection of the apartment on August 26, 1986,
confirmed that all the furniture belongs to the tenant, the
Administrator issued an order on January 30, 1987 denying the
tenant's rent reduction application.
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The Administrator reopened the proceeding on April 1, 1987, and on
June 10, 1987 the order appealed herein was issued reducing the
rent by $41.00 per month based on the landlord's failure to provide
furniture.
In the petition for administrative review, the owner asserts that
the Administrator incorrectly determined that furniture is included
in the rent since the 1943 registration card does not list furni-
ture as an included service, and the tenant's claim that the
"Notice of Maximum Rent" states that the maximum rent includes
furniture is not supported by any documentary evidence.
After careful consideration of the evidence of record, the Commis-
sioner is of the opinion that the petition should be granted.
Although the original rent registration card for the subject
premises, dated November 24, 1943, does indicate that furniture was
not among the services and equipment provided to the subject
apartment, the Division's records reveal that on April 24, 1946,
the then owner was granted an increase in the maximum rent based on
a change in the apartment from unfurnished to fully furnished.
The Administrator's determination that the furniture is a required
service was therefore correct.
The Commissioner finds, however, that the rent reduction ordered by
the Administrator is not warranted and should be revoked.
Section 2202.16 of the Rent and Eviction Regulations authorizes a
rent reduction based on a finding that an owner has failed to
maintain services required to be provided.
Such a finding is not warranted in this case where the tenant has
acted to replace the furniture himself without affording the owner
an opportunity to do so and where the owner has repeatedly
expressed a willingness to supply furniture once it is confirmed
that this is a required service.
An owner should not be penalized with a rent reduction for not
providing a service when a demand for the service was never made
and the tenant has made it impossible for the owner to restore the
services.
If the tenant wishes to have furniture provided by the owner, a
demand for such should be made, indicating specific items to be
replaced, and if the owner refuses, a rent reduction may be
warranted upon application by the tenant.
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The owner may apply to the Division for permission to decrease the
furniture required to be provided, pursuant to Section 2202.21 of
the Rent and Eviction Regulations.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is,
ORDERED, that this petition be, and the same hereby is, granted and
the Rent Administrator's order be, and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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