STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CE410291RO
(Refile of CD410007RO)
DOCKET NO.: BG410518S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed and perfected a timely petition for
administrative review of an order issued on April 14, 1988
concerning the housing accommodations known as 234 East 82 Street,
Apartment 1FE, New York, New York, wherein the Rent Administrator
determined that certain conditions in the subject building
constituted a services decrease.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had eliminated a laundry room in the
In an answer, the owner asserted that the apartment and the laundry
room were created after January 1974, and are not subject to the
provisions of the Rent Stabilization Law and Code. A Certificate
of Occupancy (C of O) issued as of March 14, 1975 was submitted.
The C of O indicated in pertinent part that the premises were an
Old Law Tenement Class "A" Multiple Dwelling with eighteen (18)
On April 14, 1988, the Rent Administrator issued an order finding
that the owner was required to maintain services pursuant to
Section 2520.6(r) of the Rent Stabilization Code (Code) and
directing the owner to restore laundry room service. The Rent
Administrator did not grant the complaining tenant a rent reduction.
In the petition for administrative review the owner reiterates only
that the laundry room was created after January 1, 1974, but does
not otherwise challenge the Rent Administrator's order. Although
the complaint and order below involved only one stabilized tenant,
the owner listed several tenants in the petition.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Section 2520.6(r) of the Rent Stabilization Code defines required
services as those services which the owner was maintaining or was
required to maintain on the applicable base date and any additional
space or services provided or required to be provided thereafter.
For accommodations subject to the Rent Stabilization Law on June
30, 1974, the base date for required services is May 31, 1968 for
The record below and DHCR registration records indicate that the
subject premises is a multiple dwelling, that it presently contains
at least 25 residential type "A" units of which three (3) are
registered as rent stabilized, three are listed as rent controlled
apartments, and several are denominated as new units. There is no
explanation on the record for any unit to be exempt from rent
The record, including the owner's statements below and on appeal,
that a laundry room was provided after January 1, 1974, indicates
that the laundry room was a service the owner provided, which the
owner must continue.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
LULA M. ANDERSON