DHCR Decisions
Adm. Rev. Docket No.: BD810465RO
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.: BD810465RO
WESTCROFT REALTY CORP.
DRO DOCKET NO.: 040149
TENANT: RAYMOND & TERESA
PETITIONER URRUTIA
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner timely filed a Petition for
Administrative Review against an order issued on April 13, 1987, by
the Rent Administrator at 10 Columbus Circle, New York, New York,
concerning housing accommodations known as apartment number 10 at
455-10 North Broadway, Yonkers, New York, wherein the Administrator
determined that the tenants had not been overcharged as to their
rent, but directed that the 1984 Registration Statement for this
apartment and the 1984 Registration Statement as to building-wide
services be amended to indicate that this apartment contains four
rooms (not five) and that the services provided include a master TV
antenna, a swimming pool and a playground.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the evidence relevant to
the issues raised in the administrative appeal.
The issue in this appeal is whether the petitioner has asserted a
basis upon which the appealed order may be reversed or modified.
This proceeding was originally commenced by the filing of a
Tenant's Objection To Rent/Services Registration (the Objection).
In the Objection, the tenants asserted an overcharge complaint and
Adm. Rev. Docket No.: BD810465RO
a challenge to the room count and description of services as set
forth in the 1984 Registration Statement. The tenants alleged,
among other things, that the apartment contained four rooms, not
five (as indicated in the Registration Statement) and that the
master TV antenna, pool and playground which are available to the
tenants had not been listed in the description of the services
provided.
In answer, the petitioner submitted a complete rental history, but
did not answer as to the room count or services allegations in the
Objection.
Whereupon, the appealed order, as described above, was issued.
In the PAR, the petitioner asserts, in substance, that the
apartment contains five rooms and that parking, playgrounds and
master TV antenna are services provided by the landlord at no
additional charge, but that there is an additional charge for the
pool.
The Commissioner is of the opinion that this Petition should be
denied.
The Commissioner finds that the only point in the appealed order
with which the PAR actually takes issue is as to the room count.
If the base date service as to the pool involved an additional
charge, that is the nature of the service. There is nothing in the
Objection, or otherwise in the record, to suggest that that is not
the nature of the service1. The petitioner therefore raises no
issue by pointing out that there is an additional charge for the
pool; no more than if it had alleged that tenants have to put coins
in the machines in a laundry room provided by the landlord.
As to the room count, the Commissioner finds that the landlord's
separate, written description of the dimensions of each room in the
apartment and accompanying diagram are submitted for the first time
on appeal without any explanation as to why they were not submitted
below. The Commissioner therefore finds that said documents are
beyond the scope of review on this appeal. Moreover, the
Commissioner finds that the accompanying diagram substantiates the
1 Please note, no determination is being made herein as to the
exact nature of the pool service. If there is any question relating
to that service (such as the exact nature of that service and
whether there has been a decrease in the same), it is not within
the scope of this proceeding to resolve that question. The only
issue being resolved herein is whether or not some sort of service
involving a swimming pool is available to the tenants and,
therefore, whether some indication that such a service is provided
must be set forth in the appropriate Registration Statement.
Adm. Rev. Docket No.: BD810465RO
Administrator's determination as it shows that there is absolutely
no wall or other device creating (or even suggesting) a separation
between the area designated "Living Room" and the area designated
"Dining Room" in the diagram. Therefore, the Commissioner finds
that were these proofs not beyond the scope of review on appeal,
they would prove that the landlord has erroneously counted one room
as two. Therefore, the Commissioner finds that the petitioner has
failed to assert any basis upon which the appealed order may be
reversed or modified.
THEREFORE, pursuant to all of the applicable statutes and
regulations, it is
ORDERED, that this Petition be, and the same hereby is denied; and
that the Administrator's order be and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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