STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BH110121RT (Amended)
: DISTRICT RENT OFFICE
Martin Werblow DOCKET NO. 042414
OWNER: B & K Realty Co.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
This order previously had an issuance date of May 23, 1994. However,
DHCR records do not reflect that the order was properly mailed to the
parties. Accordingly, this identical "amended" order is being issued
and the issuance date
listed at the end of this order shall be the official
issuance date of the order.
On August 11, 1987, the above-named tenant filed a petition for
administrative review of an order issued on July 8, 1987 by a District
Rent Administrator concerning the housing accommodations known as 62-98
Saunders Street, Apartment No. 3E, Rego Park, New York, wherein the
Administrator terminated the proceeding because all of the issues in
this case were decided in previous proceedings.
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.
This proceeding was commenced by the filing of an objection to the
initial registration. The tenant had previously filed an objection to
the initial registration under Docket No. 017697. In that case the
tenant noted that a stove and refrigerator were omitted from the list of
services the owner was to provide. On September 11,1984 the tenant
filed this objection which he labelled as an "Amended" objection to
registration and added screens as an item which should have been
included in the initial registration form. This "Amended" objection to
registration was given a new docket number and is the instant case.
Also pending at the time of these filings was an overcharge complaint
under Docket No. Q3122531RT which was subsequently resolved by an order
issued on June 12, 1987 and was affirmed on administrative appeal by an
order issued on January 3, 1992 under PAR Docket Number BG110202RT,
which determined that the tenant had not been overcharged through
December 31, 1986.
As noted above, the Administrator terminated this proceeding because the
case was duplicative of other matters. The Administrator cited Docket
Nos. 017697 and TC27661G (a previously decided overcharge complaint) in
his order of July 8, 1987.
In his petition for administrative review the tenant asserts that
Administrator should not have terminated the proceeding. He alleges
that the issue of screens had not been determined. Further, he states
that the docket number listed by the Administrator in his order
(TC27661G) was determined in 1979 and he has the right to have any
possible subsequent overcharges examined.
The Commissioner is of the opinion that this petition for administrative
review should be denied.
With regard to the screens, pursuant to Section 2523.4 of the Rent
Stabilization Code, an owner is required to maintain all required
services as defined by Section 2520.6(r) regardless of whether the
services are registered. If there is a failure to maintain required
services, the tenant may apply to the Division for rent reduction, and
any dispute as to whether a service is required or has been reduced will
be determined in that proceeding.
Accordingly, the Commissioner is of the opinion that it is unnecessary
to decide this issue in this appeal.
Since this decision does not determine the merits of the issue raised on
appeal, the order below shall not be used in any subsequent proceeding
involving base date or required services.
With regard to the overcharge portion of the tenant's objection to
registration, the Commissioner finds that the overcharge issue has been
resolved under Docket Nos. TC27661G, Q3122531RT and BG110202RT.
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that this petition for administrative review be, and the same
hereby is, denied, and, that the Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA