BJ 130144 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.: BJ 130144 RO
OTTO J. HELPRIN-OWNER,
DRO DOCKET NO.: 51026
EXAMINING UNIT
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 2, 1987, the above-named petitioner filed a Petition
for Administrative Review against an order issued on September
18, 1987 by the Rent Administrator, 10 Columbus Circle, New York,
New York concerning the housing accommodation known as 52-14 39th
Avenue, Apartment 2-A, Woodside, New York wherein the
Administrator amended the apartment registration.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record
concerning the issues raised by the administrative appeal.
This proceeding was commenced on October 1, 1984 with the filing
by the tenant of an objection to the apartment registration. The
tenant stated that the owner provides but failed to register
three services: cooking gas; one full-time and one part-time
maintenance employee; and garage space.
On July 20, 1987 a copy of the objection with instructions to
answer within 20 days was sent to the owner.
On September 14, 1987, in response to the objection, the owner
stated that cooking fuel was included in the rent and had been
omitted erroneously from the registration. The owner further
stated that garage space was not included in the lease, was
separately billed, and was not in the jurisdiction of the rent
stabilization law.
In the order hereunder review, the Administrator deemed the
factual allegations of the objection admitted and amended the
registration to include the alleged services.
In the appeal, the owner contends that garage space is separate
and apart from the residential space, is rented to both
residential tenants and outsiders and thus is not subject to the
rent Stabilization Law.
BJ 130144 RO
Although afforded the opportunity to do so, the tenant did not
reply to the petition.
The Commissioner is of the opinion that this petition should be
denied.
Pursuant to Code Section 2523.2, an owner shall certify that it
is maintaining all services as required by Code Section 2520.6(r)
(Required Services). Under Section 2520.6(r)(3) ancillary
services are defined as that space and those required services
not contained within the individual housing accommodation which
the owner was providing on the applicable base date or
thereafter. Ancillary services may include garage facilities,
laundry facilities, recreational facilities and security.
In the instant case, this owner-provided service clearly meets
the definition provided by Code Section 2520.6(r)(3). The
renting of spaces to non-tenants does not affect the stabilized
status of the garage spaces rented to stabilized tenants.
Accordingly, the Commissioner finds that the Administrator
correctly amended the registration to include garage space.
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 Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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