ADM. REVIEW DOCKET NO.: BJ - 110231 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 REVIEW
APPEAL OF DOCKET NO.:
BJ - 110231 RT
:
DRO ORDER NO.:
051636
ROBERT HIMELSTEIN
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART
On October 26, 1987, the above-named petitioner-tenant filed
a Petition for Administrative Review against an order issued on
October 9, 1987, by the District Rent Administrator, concerning
the housing accommodations known as 255-05 75th Avenue, Glen
Oaks, New York, Apartment H-182.
The appealed order of the District Rent Administrator
determined, inter alia, that the owner does provide and must
maintain a stove, refrigerator, window shades, luggage room and
screens and ordered that the registration be amended to include
these services. The order also noted that the owner was
responsible for the maintenance of window shades and garage
spaces by virtue of earlier orders (Docket Nos. 57577-B, 58299-B
and 62622-B) dated July 8, 1985.
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 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. REVIEW DOCKET NO.: BJ - 110231 RT
In answer to the tenant's objections, the owner furnished a
copy of the 1984 apartment registration for the subject apartment
and asserted that a stove and refrigerator are provided with the
apartment; electricity is not required to be registered; storage
space outside the apartment is not provided; garages are the
property of the co-op corporation; there is no front desk in each
building - but there is a centrally located management office in
one location; 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.
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.
In answer to the petition, the owner contends that the
tenant receives all services required under the lease as well as
those that are mandated by the New York City Administrative Code
and the Rent Stabilization Law and Code. The owner adds that the
Apartment Registration Form was properly completed and the
tenant's petition should be denied.
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, and security do not have to be listed on the
registration since they are apartment and building maintenance
requirements.
On June 27, 1991, the District Rent Administrator issued an
order under Docket No. EA 110008-RK directing the owner to list
an on-site "front desk service/maintenance service" on the
registrations filed with the Division. Said order also
determined that storage space and additional playgrounds are
ADM. REVIEW DOCKET NO.: BJ - 110231 RT
required services which must be restored. The Commissioner notes
that there are both owner's and tenants' administrative appeals
against said order currently pending.
As for toilet seat, 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. Accordingly, the registration should be amended to
reflect these facts.
The owner has also not denied that benches, 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 orders 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.
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 the Administrator's order be and the same
hereby is modified as provided hereinabove.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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