DOCKET NO.:  DD810094RO
                              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 APPEAL
     APPEAL OF                                 DOCKET NO. DD810094RO
                                           :   DRO DOCKET NO. YCE810010R
               FELIX SARUBBI, VP               TENANT:  FRANCIS McGLINCHEY
              BELSAR REALTY ASSOC.,        :   
                            PETITIONER         
     --------------------------------------X   


        ORDER AND OPINION DENYING OWNER'S PETITION FOR ADMINISTRATIVE REVIEW

     On April 11, 1989, the above-named petitioner filed a Petition for 
     Administrative against an order issued on March 10, 1989, by District Rent 
     Administrator, 55 Church Street, White Plains, NY concerning the housing 
     accommodations known as Apartment #319 at 377 North Broadway, Yonkers, NY 
     wherein the District Rent Administrator determined that the tenant's parking 
     space was an essential service since the tenant commenced occupancy and 
     therefore increases for parking could only be made at the applicable 
     guidelines rate.

     The issue in this appeal is whether the Rent Administrator was correct in 
     finding the tenant's parking rent to be governed by Rent Guidelines 
     increases.

     The applicable sections of the Tenant Protection Regulations are Sections 
     2502.1, 2503.2, and 2509.1(b).

     The Commissioner has reviewed all of the evidence in the record and has 
     carefully considered that portion of the record relevant to the issues raised 
     by the administrative appeal.

     The tenant Francis McGlinchey commenced this proceeding by filing a complaint 
     of rent overcharge on May 6, 1988 alleging that the parking space rent had 
     been raised by an amount which was above applicable guidelines rate.  In 
     answer to the complaint, the owner stated that the garage rent was not tied 
     to that of the apartment, but was kept as a "separate entity."

     In Order Number YE8010010R, the District Rent Administrator determined that 
     the tenant had been using the garage space since occupying the apartment.  
     Further the garage space was listed as a separate service with separate 
     charge in the initial 1984 registration.

     The Administrator found that the garage service was "intrinsic to the Legal 
     Regulated Rent and cannot be arbitrarily withdrawn from the tenant."  In 
     addition, the Administrator found the garage rent could only be increase in 
     accordance with the applicable Guidelines, established the garage rent at 
     $15.00 and ordered the owner to refund any excess.









          DOCKET NO.:  DD810094RO

     In this petition, the owner contends that the Rent Administrator's Order is 
     incorrect and should be modified because he has never increased the rent or 
     the garage space by the Guidelines rate.  Furthermore, the increase 
     complained of was necessitated by the same increase being imposed by the co- 
     op corporation on the subject owner.

     In answer to this petition, the tenant contends that the order should be 
     upheld because the garage space is an essential service.

     The Commissioner is of the opinion that this petition should be denied as the 
     garage space is  service which the tenant has enjoyed since the commencement 
     of her occupancy.  And further the garage space was listed as a service in 
     the subject apartment's 1984 initial rent registration.  Accordingly, the 
     owner could not raise the rent therefor except in accordance with the Rent 
     Guidelines, despite past practice and despite the actions of the co-op 
     corporation.

     THEREFORE, in accordance with the Tenant Protection Regulations and Emergency 
     Tenant Protection Act of 1974, it is

     ORDERED, that this petition be, and the same hereby is, denied and the 
     District Rent Administrator's order be, and the same hereby is affirmed in 
     full.

     ISSUED: 


                                                                               
                                                     JOSEPH A. D'AGOSTA
                                                     Deputy Commissioner
    

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