BI 410315-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.:
BI 410315-RO;
RUDIN MANAGEMENT CO. INC.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER 044156
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On September 3, 1987, the above-named petitioner-owner filed a
petition for administrative review of an order issued on July 30,
1987, by the Rent Administrator, concerning the housing accommo-
dation known as 2 Fifth Avenue, New York, New York, Apartment 4-L,
wherein the Administrator determined that the registration state-
ment is to be amended to include, inter alia, seven (7) porters and
eighteen (18) elevator service employees. The Rent Administrator's
determination was based on the owner's answer, which the Rent
Administrator interpreted as stating that the above were provided
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.
The issue herein is whether the Rent Administrator properly deter-
mined the services the owner is obligated to and does provide to
the tenant and whether the registration statement was properly
amended to reflect those facts.
On appeal, the petitioner-owner asserted that its answer below did
not specify the number of porters or elevator service employees and
that the Rent Administrator erred by interpreting its answer below
as a full admission that it specifically provided seven (7) porters
and eighteen (18) elevator service employees.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the Administrative appeal
should be granted.
BI 410315-RO
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 not contained within the individual
housing accommodations.
A review of the record reveals that the owner's answer of July 15,
1987, made no mention whatsoever of the specific number of porters
or elevator service employees required in the subject premises,
although it is conceded that porters and elevator service employees
are a provided service.
Moreover, the owner submitted a copy of the Building Services
Registration form which clearly showed that the gross number of
full and part-time maintenance employees are specified, but not the
specific numbers of employees assigned to each task.
Accordingly, in the absence of any other compelling evidence, the
Commissioner finds that the Rent Administrator erred by requiring
the registration to reflect a numerical breakdown of the amount of
employees assigned to each task in the subject building.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, granted,
and that the Rent Administrator's order be, and the same hereby is,
modified to delete from the Building's Registration Statement all
numerical employee task specifications as provided herein.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
BI 410315-RO
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