Docket Number: BE 110016 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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BE 110016-RT
:
ARKADY ARONOV, DISTRICT RENT ORDER
DOCKET NO. 38511
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 5, 1987, the above named petitioner-tenant filed a Petition
for Administrative Review against an order issued on April 8, 1987
by the Rent Administrator, 92-31 Union Hall Street, Jamaica, NY
concerning housing accommodations known as 68-61 Yellowstone
Blvd., Forest Hills, NY, Apartment 610.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
This proceeding was commenced on October 29, 1984 by the tenant
filing an objection to the registration statement filed by the
owner. The tenant alleged that blinds had been omitted from the
registration.
In answer to the objection, the owner asserted that blinds/shades
were not supplied to the tenant by the owner and therefore were
not an apartment service.
The tenant was served with a copy of the owner's answer and
afforded an opportunity to respond. The tenant did not submit a
reply.
In the herein appealed order, the Rent Administrator determined
that blinds are not a service provided by the owner based on the
evidence in the record and the tenant's failure to refute the
owner's answer.
In this petition the tenant alleges in substance that blinds were
provided in the subject apartment and that the owner has submitted
no evidence to support his contention that blinds were not
supplied by the owner.
In answer to the petition, the owner asserts that blinds were
never a service provided for the subject apartment and were never
maintained or repaired by the owner.
Docket Number: BE 110016 RT
The Commissioner is of the opinion that this petition should be
denied.
Section 2520.6(r) of the Rent Stabilization Code defines required
services as those services provided or required to be provided to
the continuously stabilized housing accommodation on May 31, 1968,
and all additional services provided or required to be provided
thereafter. The base date for determining required individual
apartment services in apartments which were either vacancy
destabilized or decontrolled between July 1, 1971 and June 30,
1974 is May 29, 1974.
In this case, the tenant contends that blinds are a service
provided for the subject apartment and the owner contends that he
never provided blinds and is not responsible for them. Based upon
the evidence of record, the Commissioner finds that the Rent
Administrator properly determined that blinds are not a service
provided by the owner.
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:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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