BH 410343 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 NO.: BH 410343 RO
DISTRICT RENT ORDER
Nick Brusco DOCKET NO.: 045749
Tenant: Samantha Finch
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 against an order issued on
July 13, 1987 by the District Rent Administrator, 10 Columbus
Circle, New York, New York concerning housing accommodations
located at 115 West 74th Street, New York, New York, Apartment A,
wherein the District Rent Administrator determined the issues
raised in the tenant's objection to the initial registration
statement, as it pertained to building-wide services.
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.
On August 31, 1984, the tenant commenced the original proceeding
by filing with the Division a tenant's objection to the services
registration statement filed by the owner. The tenant alleged
that the owner did not include therein the maintenance of a
washer and dryer in the basement for the whole building's use.
The tenant also alleged that the RR-3 Form (statement of
building-wide services) was not posted.
In answer to the tenant's objections, the owner asserted that the
RR-3 Form had been posted but was later torn down and that the
washer and dryer were installed in the building next door to the
tenants as a convenience to the tenants (of 113 West 74th Street
and 115 West 74th Street) not as a service.
On August 13, 1987, the District Rent Administrator issued an
order in which he determined that the owner provides basement
laundry room facilities consisting of a washer and dryer for
tenants in buildings 113 West 74th Street and 115 West 74th
Street, and that the registration statement be amended to reflect
that fact.
The Administrator, also, noted that the owner was required to
post the RR-3 permanently in an area accessible to all tenants.
In the Petition for Administrative Review, the owner contends, in
substance, that the washer and dryer are coin-operated; that is,
the tenants have to pay to use the machines and, therefore,
BH 410343 RO
laundry is not a service provided in consideration for rent; and
the machines are not located in the building where the tenant
resides.
In her answer opposing the Petition, the tenant states, in
substance, that the owner has not provided a basis for revoking
or modifying the Administrator's order. The tenant also alleges
that the basements of 113 West 74th Street and 115 West 74th
Street are connected.
The Commissioner is of the opinion that this petition should be
denied.
The Commissioner finds that it is undisputed that on or after
the base date, the owner provided laundry facilities for the use
of the tenants residing in the two buildings referred to above
(both of which are owned by the petitioner). The Administrator
did not state that the tenants were entitled to have their
laundry done free of charge. If the Administrator had, the
owner's pointing out that the machines are coin operated might
have some relevance. What the Administrator said, in substance,
is that the owner must maintain the present type of equipment
(coin operated) so that the tenants can, for the cost of whatever
coinage the machines require, do their laundry at 113 West 74th
Street.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this Petition be, and the same hereby is, denied.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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