BL 110198-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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NO.:
BL 110198-RT
RISE WEINBERG PERGAMENT,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER 049189
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART
On December 31, 1987, the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on November 25, 1987,
by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations know as 254-22
73rd Road, Glen Oaks, New York, Apartment A-62.
The issue herein is whether the Rent Administrator properly
determined the services the owner is obligated to and does provide
to the tenant in the subject building and whether the registration
statement was properly amended to reflect those services.
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 September 4, 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 apart-
ment 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. The tenant also filed a fair market rent
appeal.
BL 110198-RT
In answer to the tenant's objections, the owner asserted that it is
not the managing agent for the subject tenant; that the owner is
Rosemary Farni, 254-22 73rd Road, Glen Oaks, New York and that all
relevant correspondence has been forwarded to the owner.
The Rent Administrator's order of November 25, 1987, noted that a
copy of the tenant's objection was mailed to the owner on June 30,
1987 and again on October 27, 1987, but that the owner failed to
reply. The order further determined that in view of the owner's
failure to answer, the factual allegations of the tenant's
objection are deemed admitted and, therefore, it is determined that
all the cited services are provided by the owner, including those
services that are not required to be registered.
Consequently, the Rent Administrator amended the registration to
include a stove, refrigerator, window shades, garage, luggage room
and screens. The tenant's fair market rent appeal was dismissed
based on a finding that the subject apartment has been continuously
under the Rent Stabilization Law since that law went into effect.
In the Petition for Administrative Review (PAR), 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 with the definition of normal maintenance.
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 Commis-
sioner 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 a front desk to not have to be listed on the
registration since they are apartment and building maintenance
requirements.
As for benches, 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. Accord-
ingly, the registration should be amended to reflect these facts.
The owner has also not denied that toilet seats, 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 ser-
vices 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.
The Commissioner notes that the issues of whether playgrounds,
storage space and front desk maintenance crew are required services
and whether these services are being provided by the owner are the
subjects of other proceedings filed with this agency and the
parties are advised to refer to the determinations made in those
proceedings (FH 130079-RT and FH 130039-RO, e.g.).
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted in
part and that the Administrator's order be, and the same hereby is,
modified as provided hereinabove.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
