ADM. APPEAL DOCKET NO.: BI 110212 RT
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.:
BI 110212 RT
:
DRO DOCKET NO.:
50954
IRVING GARSTEN
PETITIONER :
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ORDER AND OPINION GRANTING ADMINISTRATIVE APPEAL IN PART
On September 15 1987, the above-named petitioner-tenant
filed an Administrative Appeal against an order issued on August
31, 1987, by the District Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 73-51 260th Street, Glen Oaks, New York, Apartment No.
1.
The issue herein is whether the District Rent Administrator
properly 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
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.
ADM. APPEAL DOCKET NO.: BI 110212 RT
In answer to the tenant's objections, the owner 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.
On August 31, 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 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 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
ADM. APPEAL DOCKET NO.: BI 110212 RT
registration and to assure their continued availability.
Accordingly, 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 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
statements. They are required services, though, and any attempt
to eliminate these items will be justification for a rent
reduction 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 subjects 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 (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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