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. BC 110191-RT
:
DRO DOCKET NO. 034270
CLAUDE LAZARUS
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN PART
On March 11, 1987, the above-named tenant filed a petition for
administrative review of an order issued on February 5, 1987 by a District
Rent Administrator concerning housing accommodations known as 73-21 260th
Street, Apartment 1, Glen Oaks, New York wherein the Administrator
ordered that the registration be amended to include certain 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 petition for review.
On August 8, 1984, the tenant of Apartment 1 at 73-21 260th Street
commenced this proceeding by filing a tenant's objection to the services
registration statement. 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 a stove, refrigerator, shades,
garage, linoleum, toilet seat, light fixtures, screens, extermination
services, and a master antenna outlet as apartment services and
electricity, storage space, front desk, exterior door locks, benches,
exterior lighting, snow removal and salting, security, landscaping,
parking spaces, outside water-spigots, clotheslines, and community rooms
as building-wide services. The tenant also filed a fair market rent
appeal. The tenant also alleged that he had not been served a copy of the
registration statement.
The owner initially served in this proceeding was Grenadier Realty Corp.
who, in answer to the tenant's objections, asserted that a stove and
refrigerator are provided with the apartment; electricity is not required
to be registered; shades are not provided; storage space outside the
apartment is not provided; garages are the property of the co-op
corporation; there is no front desk; linoleum, toilet seat, fixtures,
screens, and exterminator are provided with the apartment; and exterior
door locks, benches, parking, community rooms, snow removal, security,
landscaping, outside water spigots, and clotheslines are provided by the
co-op corporation for the common areas and are not required to be listed
on the apartment registration.
Subsequently, Grenadier Realty Corp. advised the Division of Housing and
Community Renewal (DHCR) that it was not the owner of the subject
apartment from before April 1, 1984 and should not be involved in this
DOCKET NUMBER: BC 110191-RT
proceeding. The agency was advised that the tenant had a "private
landlord," and this fact was acknowledged by the tenant. The correct
owner was notified of the proceeding and answered only that he had not
known of the requirement of apartment registration and in August 1986 had
served the tenant with apartment registrations for 1984, 1985 and 1986.
On February 5, 1987, the Rent Administrator issued the order here under
review amending the registration to include a stove, refrigerator, window
shades, luggage room and screens. It also noted that the right of rent
stabilized tenants to rent garage space was established in an earlier
order (Docket Nos. 57577-B and 62622-B issued on July 8, 1985). The
tenant's fair market rent appeal was dismissed based on a finding that the
subject apartment has been continuously under the Rent Stabilization Law
since that law went into effect. The Administrator also ordered the owner
to refund guideline increases collected by the owner from April 1, 1984
to the date the tenant was served with the apartment registration.
In the petition for administrative review, the tenant urges that the
Administrator's order should be amended to include all the items
contained in the original objection form or specify which did not need to
be listed because they are either required by law or fall within the
definition of normal maintenance.
After careful consideration, the Commissioner is of the opinion that the
tenant's petition should be granted in part.
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 with 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 for which there is a separate charge.
Applying these principles to the instant proceeding, the Commissioner
finds that electricity for common and exterior areas and exterminator
services are required by law and did not have to be listed on the
registration. Snow removal, salting, landscaping, security and a front
desk do not have to be listed on the registration since they are apartment
and building maintenance requirements.
As for a toilet seat, parking spaces, and community meeting rooms, the
owner has not denied that these are services provided to the apartment or
building on the applicable base date. The fact that some of them may be
provided by the co-op corporation does not relieve the owner of the
obligation to include these items on the registration and to insure their
continued availability. Accordingly, the registration should be amended
to reflect these facts.
The owner has also not denied that benches, exterior door locks, linoleum,
light fixtures in public areas, outside water spigots, and clotheslines
DOCKET NUMBER: BC 110191-RT
are provided. However, because of the minor nature of these items, the
Commissioner finds that they do not have to be specifically listed on the
registration statements. They are required services, though, and any
attempt to eliminate these items will be justification for a rent
reduction application. Any prior orders issued by the Commissioner
finding that these services had to be registered were the result of the
owner's attempt to disclaim liability for these items. In order to be
consistent with this order, the prior orders should be construed as
finding that these minor services are required to be provided but need not
be registered.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted in part,
and that the Administrator's order be, and the same hereby is, modified as
provided hereinabove.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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