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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
APPEALS OF DOCKET NO.:
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ELEANOR WAIN,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER 49229
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ORDER AND OPINION GRANTING ADMINISTRATIVE APPEAL IN PART
On September 9, 1987, the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on August 28, 1987,
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
255-19 73rd Avenue, Glen Oaks, New York, Apartment No. 2.
The issue herein is whether the District Rent Administrator pro-
perly determined the services the owner is obligated to and does
provide to the tenant in the subject building and whether the
registration statement was properly amended to reflect those
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 administrative appeal.
On October 2, 1984, the tenant commenced the original proceeding
by filing with the Division a tenant's objection form to the
services registration statement filed by the owner. The tenant
alleged that the owner did not include therein a number of apart
ment 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.
In answer to the tenant's objections, the owner asserted that a
stove and refrigerator are provided with the apartment; elec-
tricity is not required to be registered; shades are not
provided; storage space outside the apartment is not provided;
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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 clothesline are provided
by the co-op corporation for the common areas and are not re-
quired to be listed on the apartment registration.
On August 28, 1987, the District Rent Administrator issued an
order in which it amended 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,
58299-B and 62622-B issued on July 8, 1985).
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
do not need to be listed because they are either required by law
or fall within the definition of normal maintenance.
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 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 proceedi g the Commis-
ioner 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 t e regis-
tration since they are apartment and building maintenance
requirements.
As for benches, 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 assure their continued availability. Accord
ingly the registration should be amended to reflect these facts.
The owner has also not denied that toilet seats, exterior door
locks, linoleum, light fixtures in public areas, outside water
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spigots, and clotheslines 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 state-
ments. They are required services, though, and any attempt to
eliminate these items will be justification for a rent reduc-
tion application. Any prior order 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.
The Commissioner notes that the issues of whether playgrounds,
storage space and front desk/maintenance crew are required
services and whether these services are being provided by the
owner are the subject of other proceedings filed with this agency
and the parties are advised to refer to the determinations made
or to be made in those proceedings (Docket Nos. FH 130079-RT and
FH 130037-RO, e.g.).
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:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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