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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CL610179RT
David Katz RENT
ADMINISTRATOR'S DOCKET
NO.: CE610095B
PETITIONER
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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
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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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