CL610179RT 





                                  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


          ----------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.: CL610179RT
                                                                        

          David Katz                              RENT                       
                                                  ADMINISTRATOR'S DOCKET
                                                  NO.: CE610095B

                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW

          On December 23, 1988 the above named petitioner-tenant filed a
          Petition for Administrative Review against an order of the Rent 
          Administrator issued November 21, 1988 concerning the housing 
          accommodations known as Apt. 6L, 3299 Cambridge Avenue, Bronx, New 
          York, wherein the Administrator denied the tenant's complaint based 
          on a finding that the facts of the case did not warrant the relief 
          requested.
                         
          The Commissioner has reviewed all the evidence of record and has 
          carefully considered that portion relevant to the issues raised on 
          appeal.

          A review of the record reveals that on May 26, 1988, the 
          petitioner-tenant filed a complaint of decrease in building-wide 
          services in which he alleged that he was being denied the 
          opportunity to rent parking space in the building's indoor garage 
          because he is a rent stabilized tenant and only the purchasers of 
          cooperative apartments are being permitted to rent space.  

          In answer to the complaint, the owner stated that tenant failed to 
          challenge the building and apartment registration statements which 
          did not list garage space as a service provided by the owner.  The 
          owner also stated that there are only twelve parking spaces for the 
          entire seventy-nine unit building and the owner never maintained or 
          was required to maintain a garage space for the complainant.       
                                                                      












          CL610179RT 

          Based on the statements by the owner and tenant, the Administrator 
          issued the order appealed herein denying the tenant's application. 

          In the petition for administrative review, the tenant asserts that 
          he has been a tenant in the subject building since 1968, that the 
          building was converted to cooperative ownership in 1983, and that 
          in mid-1983 the tenant requested a parking space for the first time 
          and was told initially that there would be a short wait and then 
          was told that as long as he was a non-purchasing tenant he would 
          not be entitled to one.  The tenant also objects to the fact that 
          he was not given an opportunity to object to the answer to the 
          complaint and asserts that this answer should be disregarded 
          because it was submitted by someone who has no authority to act on 
          behalf of the owner.  Finally, the tenant alleges that he was under 
          no obligation to file an objection to the registration statements 
          which did not list parking space as a required service since he did 
          not have a space at that time.

          In answer to the petition, the owner states, in substance, that the 
          answer to the tenant's complaint was submitted by the agent for the 
          owner of the tenant's apartment pursuant to a proprietary lease.

          After careful consideration of the entire evidence of record, the 
          Commissioner is of the opinion that the petition should be granted.
           
          Section 2523.4 of the Rent Stabilization Code requires the Division 
          to order a rent reduction, upon application by a tenant, where it 
          is found that the owner has failed to maintain required services.  
          Required services are defined in Section 2520.6(r) as that space 
          and those services provided by the owner on the applicable base 
          date or thereafter.  The applicable base date for the subject 
          building is May 31, 1968.

          The service provided to this tenant by the owner on the base date 
          was the right to be placed on a waiting list for one of the twelve 
          parking spaces.  The owner has not denied the tenant's allegations 
          that the waiting list was formerly open to all tenants but argues 
          that since the tenant never had a space, there has been no 
          diminution of service.  The tenant's allegations are therefore 
          deemed admitted.  The right to be placed on the waiting list is the 
          base date service which the owner is required to maintain and for 
          which the tenant is entitled to a rent reduction if it is no longer 
          being provided.

          Accordingly, the legal regulated rent is hereby reduced to the 
          level in effect prior to the most recent guidelines adjustment 
          which occurred before the effective date of the reduction.  The 











          CL610179RT 

          effective date is July 1, 1988 which is the first of the month 
          following service of the complaint on the owner.  However, due to 
          the length of time this has been pending before the Division and 
          the inability of the owner to file an application to restore the 
          rent reduction ordered herein, the owner will be permitted to 
          establish in a restoration proceeding the date the service was 
          restored and will be afforded the benefit of a retroactive rent 
          restoration if the facts so warrant.  The owner is advised to 
          include a copy of this order and opinion with the restoration 
          application.

          To restore the service, the owner must put the tenant's name on the 
          waiting list for a parking space or establish that the tenant's 
          name was placed on such a list at some prior date.  It is not 
          necessary that the tenant actually have been granted a space if 
          none has yet become available to the tenant given his place on the 
          list. 

          The parties are reminded that there is no further rent reduction if 
          a rent reduction for failure to maintain required services is 
          already in effect for the tenant's apartment.

          Therefore in accordance with the Rent Stabilization Law and Code, 
          it is 

          ORDERED that this petition be, and the same hereby is, granted, and 
          the rent be and the same hereby is reduced in accordance with this 
          order and opinion.

                              


          ISSUED:



                                                                             
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner
                                   






    

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