ADM. APPEAL DOCKET NO. BH 120175 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.:
BH 120175 RO
:
DRO DOCKET NO.
AK 210457 S
CHAIM BABAD
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 17, 1987, the above-named petitioner owner filed a
Petition for Administrative Review (PAR) against an order issued
on July 22, 1987, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known as
1l77 East 98th Street, Brooklyn, New York, Apartment No. 1H,
wherein the Administrator determined the tenant's complaint of a
reduction of services.
The challenged order reduced the tenant's rent based on the
results of an inspection conducted on March 16, 1987. The
inspector reported that there were blinds and screens in the
apartment at the time of inspection. The inspector also
indicated that one of the screens in the bedroom was damaged, and
that one window in the bedroom and one window in the livingroom
had screens missing.
On appeal, as below, the owner points out that neither the
tenant's initial 1979 lease nor the initial 1984 services
registration indicate that said services are provided. However,
the owner's petition was silent as to whether services were
provided on the base date or thereafter. The tenant also
submitted agency determinations and other documents, concerning
other tenants in the subject building, stating that the owner
must repair and replace blinds and screens.
The tenant responded to the appeal, as below, that blinds
and services were provided when he took occupancy in 1979.
Section 2520.6(r) of the Rent Stabilization Code defines
required services as above services furnished or required to be
furnished on the base date and all additional services provided
or required to be provided thereafter. For purposes of
individual apartment services, the applicable base date is May
ADM. APPEAL DOCKET NO. BH 120175 RO
29, 1974.
The owner, who is in the best position to maintain and
present adequate records to establish the service provided on the
base date, failed to do so. The owner also failed to present
evidence to rebut the tenant's assertion that the items were
provided when he took occupancy in 1979.
The owner's argument, that the lease provisions make no
mention of these items, ignores the question of whether the
services were provided on the base date or thereafter.
Concerning the initial 1984 services registration, the
Commissioner notes that neither the owner's failure to register
the services at that time, nor the tenants' failure to challenge
the services registration served to create a new base date for
services. Tenants may initiate complaints of a reduction of base
date services at any time, as the facts may warrant.
Since the owner failed to submit the required evidence, the
Administrator's rent reduction order was proper.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same
hereby is, denied and that the order of the District Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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