BH 410083 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NO. BH 410083 RO,
: BH 410084 RO, BH 410085 RO,
SULZBERGER-ROLFE, INC BH 410086 RO, BH 410087 RO,
BH 410088 RO
PETITIONER : D.R.O. DOCKET NO: 45887-892
------------------------------------X
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed timely Petitions for
Administrative Review against orders issued on August 12 through 19,
1987, by the Rent Administrator, 10 Columbus Circle, New York, New
York, concerning the housing accommodations known as 39 East 78th
Street, New York, New York, Various Apartments, wherein the Rent
Administrator determined that, among other things, the owner
provides air conditioners in the subject apartments.
The issue herein is whether the Rent Administrator's orders
were warranted.
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 appeals.
This proceeding was originally commenced by the filing of
Tenant's Objection Forms challenging the owner's apartment
registration statements in which the tenants allege inter alia
that the owner omitted the provision of air conditioners from the
registration statements.
In its answers to the tenants' objections, the owner either
dealt with other items, but did not mention the provision of air
conditioners or acknowledged that it did provide air conditioners.
In the orders under appeal herein, the Rent Administrator
determined inter alia that the owner provides air conditioners
for the subject apartments and that the owner failed to refute the
tenants' contentions regarding the air conditioners.
In these petitions, the owner contends in substance that the
Rent Administrator's orders are incorrect and should be reversed
because it did refute the tenants' contentions regarding the air
conditioners in that the tenants' leases all contain a provision
to the effect that the tenants shall use and maintain the air
conditioners, but that the air conditioners remain the property of
the owner.
BH 410083 RO
The Commissioner is of the opinion that these petitions
should be denied.
The Rent Administrator's orders under appeal herein found
that the owner provided air conditioners to the subject apartments
and the owner has not disputed this point on appeal. Further, the
Rent Administrator's orders correctly found that the owner did not
refute the tenants' contention that air conditioners were
provided. Indeed, the owner is in agreement with such
contention. Accordingly, the Rent Administrator's orders were
warranted.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that these petitions for administrative review be,
and the same hereby are, denied, and, that the orders of the Rent
Administrator be, and the same hereby are, affirmed.
ISSUED
JOSEPH A. D'AGOSTA
Deputy Commissioner
BH 410083 RO
|