ADM. APPEAL DOCKET NO. BI - 210208 - 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.:
BI - 210208 - RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
023504
BEE GEE EXCELSIOR MANAGEMENT CO.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 9, 1987, the above-named petitioner-owner filed
an Administrative Appeal against an order issued on August 31,
1987, by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 222 East
17th Street, New York, N.Y., Apt. 4 - J.
The issue herein is whether the Rent Administrator properly
determined the services the owner is obligated to and does provide
to the tenant of the subject apartment 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 August 22, 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 services. Specifically, the tenant stated that the owner
omitted dishwasher and room air-conditioner services. An
overcharge complaint was also included in the tenant's objection.
ADM. APPEAL DOCKET NO. BI - 210208 - RO
The Rent Administrator's order, appealed herein, determined,
inter alia, that the owner failed to refute the tenant's
allegations concerning the dishwasher and air-conditioner and that,
therefore, said allegations are deemed correct. The order further
stated that, based upon information in the record, it is also
determined that the owner provides dishwasher and air-conditioner
services and the registration was amended to reflect these facts.
On appeal, the petitioner-owner asserted that it does not
provide dishwasher or air-conditioner services to the tenant and
submitted a lease for the subject apartment to prove it.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
Section 2528.2 of the Rent Stabilization Code requires an
owner to include in the initial registration statement "all
services provided for in the last lease or rental agreement,
provided or required to be provided on the applicable base date, or
thereafter."
A review of the file reveals that the Rent Administrator
mailed a copy of the tenant's objection to the owner on May 9, 1986
and July 17, 1986.
The Commissioner notes that these notices were mailed to
different names and addresses than those shown on the subject
petition for the owner.
However, despite this fact, the record clearly shows that the
owner was a full participant in the proceeding below under the name
and address, BEE GEE EXCELSIOR MANAGEMENT, INC., 777 East 31st
Street, Brooklyn, New York; which is the exact owner name and
address specified in the petition.
It is apparent that the owner did not refute that part of the
tenant's objection dealing with dishwasher and room air-conditioner
services. Rather, the owner merely contested the tenant's
overcharge claims.
Since the scope of review in administrative appeals is limited
to a review of the facts or evidence before the Administrator, the
lease for the subject apartment, (demonstrating the omission of
dishwasher and room air-conditioner services) submitted by the
owner for the first time with the petition may not be considered,
in the absence of any explanation for the failure to submit this
evidence before the issuance of the Administrator's order.
The Commissioner finds, therefore, that the Rent Administrator
properly determined the services the owner is obligated to provide
ADM. APPEAL DOCKET NO. BI - 210208 - RO
to the tenant based upon the owner's failure to refute the tenant's
service objections below and further that the Rent Administrator
properly amended the registration statement to reflect those facts.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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