CA 130149-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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NO.:
CA 130149-RO
JOHN D. BELANICH
CERBE BUILDING CORPORATION, RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BE 110080-B
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ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
On January 11, 1988, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on December 11, 1987,
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
43-32 194th Street, Flushing, New York, Apt. 32-U.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment.
The District Rent Administrator's order, appealed herein, reduced
the rent of the subject apartment to the level in effect prior to
the last guideline increase based upon the owner's failure to
provide storage space for the tenant.
On appeal, the petitioner-owner claimed that storage space is not
a base-date service required to be provided to the tenant.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be remanded to the District Rent Office for further
processing.
On May 7, 1987, the tenant filed a Statement of Complaint alleging,
inter alia, that the owner was not providing storage room services.
Inspections held on September 9, 1987 and October 13, 1987
supported the tenant's claim that there was no storage area.
CA 130149-RO
However, on appeal the owner submitted a copy of the Building
Services Registration, dated July 31, 1984, which did not indicate
that storage space is a service included in rent.
The owner also submitted a copy of the lease for the subject
apartment, commencing May 1, 1970, which did not show storage space
as a service required to be provided by the owner.
Accordingly, the Commissioner finds that the instant proceeding
should be remanded to the District Rent Office to determine whether
storage space is a required service which was omitted from the
registration statement.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is,
ORDERED, that the owner's petition be, and the same hereby is,
granted to the extent of remanding this proceeding to the District
Rent Administrator for further consideration in accordance with
this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL
INTER-OFFICE CORRESPONDENCE
TO : District Rent Office/Processing Unit
FROM : Attorney Jack Velcoff
S.C.O.R.E. - PAR Unit
DATE : June 8, 1992
RE. : Administrative Appeal Docket No.: CA 130149-RO
D.R.O. Docket No.: BE 110080-B
Subject Premises: 43-32 194th St., Flushing, NY,
Apt. 32-U
This proceeding was remanded:
[ ] 1. Because District Office file was not received by us in
time to decide the matter within statutory or court im-
posed deadlines. The original order should be affirmed,
revoked, modified or corrected after consideration of
claims made and/or new evidence submitted or offered on
appeal. (See the "D.R.O. Copy" of our final order and all
attachments, that accompanies this memo.)
[ ] 2. For a hearing to be held, by the Hearing Bureau. Your
file has been transferred to the Hearing Bureau and this
memo and "D.R.O. Copy" of our order is sent to you for
your information and records.
[X] 3. For the reasons specified below:
Evidence submitted by owner on
appeal indicates that storage space
may not be a base-date required
service. Remand to determine
whether this is a base-date service.
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