ADM. APPEAL DOCKET NO. BI - 410279 - 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 - 410279 - RO
:
RENT ADMINISTRATOR'S
DOCKET NO.
AMBASSADOR APARTMENTS EAST 46029
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 28, 1987, the above-named petitioner-owner filed
an Administrative Appeal against an order issued on August 19,
1987, by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 147 East
82nd Street, New York, N.Y., Apt. 4-F.
The issue herein is whether the Rent Administrator properly
determined the services the owner is obligated to and does provide
to the tenant in the subject apartment and whether the registration
statement was properly amended to reflect those facts.
On September 11, 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 venetian blinds and that the
building services registration was not posted.
The Rent Administrator's order determined, inter alia, that
venetian blinds are provided for in the tenant's lease, dated March
10, 1974, and that venetian blinds are, therefore, a provided
service, requiring amendment of the apartment services
registration.
ADM. APPEAL DOCKET NO. BI - 410279 - RO
On appeal, the petitioner-owner asserts that venetian blinds
were never provided to this or any other tenant in the building; if
blinds were previously in the subject apartment it was because the
prior tenant had purchased same and left them on departing the
premises and that the building services registration is posted in
the building.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
A review of the record reveals that the owner filed an answer
to the tenant's objection, on July 21, 1987, essentially stating
that blinds had not been supplied to the tenants in this building
for the past twenty-five years, but that when tenants vacate they
usually leave their blinds for use by the next tenant.
In response, the tenant claimed that before renting the
subject apartment, she had stipulated with the renting real-estate
broker that blinds or window shades were to be provided. She
submitted a copy of an application for a lease, dated March 10,
1974, in which she listed "window shades and blinds clean" among
the category of "Repairs, and other memorandum."
Section 2528.2 of the Rent Stabilization code provides that
the initial registration statement required for each housing
accommodation must include, among other things, the number of rooms
in such housing accommodation and "all services provided for in the
last lease or rental agreement, provided or required to be provided
on the applicable base date or thereafter."
The evidence of record adequately supports the Administrator's
determination that blinds are among the services provided to the
subject tenant and must be registered. The owner's explanation
that the blinds were left by the prior tenant is consistent with
this finding. Equipment abandoned by a vacating tenant becomes the
property of the owner and, if it is not removed from the apartment
before occupancy by the succeeding tenant, becomes an item provided
by the owner and included among the services for which the tenant
pays rent. The fact that the tenant's initial lease does not
mention blinds is not dispositive since it is not unusual for such
items to be omitted from a standard lease form.
With regard to the tenant's contentions about the posting of
the building services registration, the Commissioner notes that
this is not a service that would be included in the registration
and is, therefore, not an appropriate matter for adjudication in an
objection to registration proceeding. The owner, however, is
reminded that Section 2528.2 of the Code requires such posting, and
ADM. APPEAL DOCKET NO. BI - 410279 - RO
the owner is cautioned to comply with this requirement, or risk
possible penalties.
Accordingly, the Commissioner finds that the Rent
Administrator correctly determined that venetian blinds are a
required service.
THEREFORE, in accordance with 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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