DC110434RO
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.:
DC110434RO
LEONEDAS REALTY,
RENT ADMINISTRATOR'S
DOCKET NO.:
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 21, 1989, the above-named petitioner-owner timely refiled
a petition for administrative review (PAR) of an order issued on
September 14, 1987, by the Rent Administrator, concerning the
housing accommodation known as 103-19 68th Road, Apartment 4-L,
Forest Hills, New York, wherein the Rent Administrator determined
that the dishwasher is a required service and directed the owner to
repair same.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The proceeding was commenced with the filing of a complaint of a
decrease in services dated February 15, 1987, stating that the
owner had refused to service the dishwasher which was in the
apartment when the tenant moved in in 1975. A copy of the tenant's
complaint was served on the owner on March 24, 1987, who responded
with a request for additional time to answer. The record does not
contain the owner's answer to the complaint, if one was filed.
Thereafter an inspection conducted by a Division employee verified
that the dishwasher was not working.
On September 14, 1987 the Administrator issued its order directing
the owner to restore the service. The order did not direct a rent
reduction.
In the petition for administrative review, the owner states that
the dishwasher was not provided by the owner, but was installed by
the tenant in violation of the lease and is not a required service.
In support of its position, the owner submitted a copy of the lease
covering the period January 1, 1986 to December 31, 1987 which, in
relevant part, prohibits the tenant from installing a dishwasher.
Also submitted was a copy of the initial registration on which are
checked a stove and refrigerator only as equipment included with
the apartment. The lease and registration were also submitted by
the owner in a compliance proceeding commenced after the Adminis-
trator's order was issued.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner submitted no evidence below to support its position that
the tenant installed the appliance. Appliances pre-existing in the
apartment which have been abandoned by prior tenants become the
property of the owner and therefore, apartment equipment, unless
ownership thereof is disavowed by the owner in the initial lease.
The tenant's initial lease was not made part of the record herein.
A later lease and other documents which were submitted with the
PAR, in addition to being irrelevant to the issue herein, are
outside the scope of review in this administrative appeal.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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