DOCKET NO.: DD810094RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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., :
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
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
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Regulated Rent and cannot be arbitrarily withdrawn from the tenant."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
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
JOSEPH A. D'AGOSTA