ADM. REVIEW DOCKET NO.: BJ 430291 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
APPEAL OF DOCKET NO.:
BJ 430291 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.: 46340
CHELSEA TOWN CO.
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On October 23, 1987, the above named petitioner owner filed a
Petition for Administrative Review against an order issued on
September 21, 1987 by the Rent Administrator at 10 Columbus Circle,
New York City, concerning the housing accommodations known as 320
West 30th Street, New York, NY, Apartment No. 7K, wherein the
Administrator determined the tenant's objection to the 1984 initial
services registration.
The challenged order determined that the owner provided
venetian blinds, laundry room facilities, storage space, and lobby
air conditioning, as required services. The Administrator noted
that the fact that laundry room facilities were provided by an
outside contractor did not lessen the owner's responsibility to
provide the service.
On appeal, the owner argues that the findings were incorrect
and should be modified, as more fully set forth below.
Section 2520.6(r) of the Rent Stabilization Code defines
"required services" as those services furnished or required to be
furnished to the continuously stabilized housing accommodation on
May 31, 1968, and all additional service provided or required to be
provided thereafter. The base date for determining required
individual apartment services for apartments which were either
vacancy destabilized or decontrolled between July 1, 1971 and June
30, 1974, is May 29, 1974.
ADM. REVIEW DOCKET NO.: BJ 430291 RO
The owner concurred with the tenant below and on appeal that
venetian blinds and storage space were services provided to this
tenant but disputes the tenant's suggestion below that these
services were provided building wide. The Administrator's
determination is affirmed without prejudice to the owner or to
other tenants to raise the issue of building wide services in
appropriate proceedings.
Concerning the lobby air conditioner, the owner admits that a
window air conditioner was placed in the lobby for the period from
1968 through 1972 and from 1978 through 1984. Consequently, the
lobby air conditioner became a required service under the
provisions of Section 2520.6(r).
Section 2520.6(r)(3) further defines ancillary service as that
space and those required services not contained within the
individual housing accommodations which the owner was providing on
the applicable base date, and any additional space and services
provided or required to be provided thereafter by applicable law.
Additionally, Section 2520.6(r)(3)(xi) provides, in pertinent part,
that an ancillary service for which there is or was a separate
charge, shall not be subject to the provisions of this Code where
no common ownership between the operator of such service and the
owner exist or existed on the applicable base date or at any time
subsequent thereto, and such service is or was provided on the
applicable base date and at all times thereafter by an independent
contractor pursuant to a contract or agreement with the owner.
The owner acknowledges that the owner provided tenants with
laundry room space operated by an independent contractor but denies
that the owner ever operated a laundry room. The tenant has not
refuted such statement. Accordingly, the Commissioner finds that
the service was provided by an independent contractor on the base
date. Consequently, the registration statement should be amended
to delete the provisions of a laundry room as a required service.
However, the space that is provided for laundry equipment should
remain a required service since such space was provided by the
owner. Moreover, the owner may not unreasonably interfere with the
contractor's service.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is granted
ADM. REVIEW DOCKET NO.: BJ 430291 RO
in part, in that the laundry room equipment is not a required
service, but that the space for such equipment is, and that the
registration statement be amended accordingly.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|