DOC NOS.: BJ 110300-RT, BJ 130137-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



          ------------------------------------X
          IN THE MATTER OF THE ADMINISTRATIVE :   ADMINISTRATIVE REVIEW
          APPEALS OF                              DOCKET NOS. BJ 110300-RT
                    ANNA FORTUNE, TENANT and                  BJ 130137-RO
                    JANET SPAFFORD, OWNER     :   D.R.O. DOCKET NO.: 49409

                                  PETITIONERS :   
          ------------------------------------X



                      ORDER AND OPINION GRANTING PETITIONS FOR
                            ADMINISTRATIVE REVIEW IN PART



          On October 7 and 26, 1987 the above-named Petitioners filed 
          Petitions for Administrative Review against an order issued on 
          September 28, 1987 by the District Rent Administrator, 10 
          Columbus Circle, New York, NY concerning housing accommodations 
          located at 73-37 Little Neck Parkway, Glen Oaks, New York, 
          Apartment 66G2-2 wherein the District Rent Administrator 
          determined that the owner does provide and must maintain a stove, 
          refrigerator, window shades, garage, electricity, storage space 
          and a front desk, and ordered that the registration be amended to 
          include these services.

          The issue in this appeal is whether this order is correct.

          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, and garage, 
          as apartment services and electricity, storage space, and front 
          desk, as building-wide services.
















          DOC. NOS.: BJ 110300-RT, BJ 130137-RO
          On May 29, 1987, the Division mailed a copy of the tenant's 
          objection to the owner, together with the appropriate answer 
          forms.  The Administrator's file in this matter does not contain 
          a response to said notice from the owner.

          On September 28, 1987, the District Rent Administrator issued an 
          order in which it amended the registration to include a stove, 
          refrigerator, window shades, garage, electricity, storage space, 
          and a front desk.  This order was based on the owner's failure to 
          respond to the tenant's objection.  The factual allegations of 
          the tenant's objection were therefore deemed admitted.

          On appeal, the petitioner-tenant alleges, in substance, that the 
          District Rent Administrator's order should be amended to include 
          additional services such as clotheslines, toilet seat, linoleum, 
          landscaping, community rooms, outside water spigots, parking 
          spaces, benches, and security, which items were also 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.

          On appeal, the petitioner-owner alleges, in substance, that 
          contrary to the District Rent Administrator's order, the owner's 
          answer to the tenant's objection was received by the Division on 
          June 9, 1987, as evidenced by a certified mail return receipt 
          submitted with the appeal.  The owner also submitted a copy of 
          her answer, dated June 4, 1987 wherein 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.

          The Commissioner is of the opinion that the tenant's and the 
          owner's petitions should be granted in part.

          Firstly, the owner has submitted evidence which establishes that 
          she did, in fact, respond to the tenant's objection.  The 
          reference in the District Rent Administrator's order to the 
          owner's failure to respond should therefore be deleted.





          In addition, a review of the record indicates that the District 
          Rent Administrator's record contained only a partial objection, 
          lacking a reverse side which contained the additional services 




          DOC. NOS.: BJ 110300-RT, BJ 130137-RO
          mentioned by the tenant in her appeal.

          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 front desk do not have to be listed on 
          the registration since they are apartment and building 
          maintenance requirements.

          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 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.



          THEREFORE, in accordance with the Rent Stabilization Law and 
          Code, it is

          ORDERED, that these petitions be, and the same hereby are granted 
          in part and that the Administrator's order be and the same hereby 












          DOC. NOS.: BJ 110300-RT, BJ 130137-RO
          is modified as provided.

          ISSUED:

                                       
          ELLIOT SANDER
          Deputy Commissioner
    

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