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
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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 :
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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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