Docket No. DE 810288-RO
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 REVIEW
APPEAL OF DOCKET NO.: DE 810288-RO
Florence A. Nyemitei ADMINISTRATOR'S DOCKET
NO.: WNR 86C-2-OD
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 12, 1989, the above named petitioner-owner filed a Petition
for Administrative Review against an order issued on April 7, 1989,
by the Acting District Rent Administrator, Westchester District
Rent Office concerning housing accommodations known as Apartment
32, 26 Coligni Avenue, New Rochelle, NY wherein the Rent
Administrator determined that the landlord's application to
discontinue the rental of garage space to the tenant be denied as
contrary to the rent laws.
The issue in this appeal is whether the owner should have been
granted the right to decrease services despite failing to obtain
tenant's consent to the proposed decrease in services.
The applicable section of the Rent and Eviction Regulations is
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 owner commenced this proceeding by filing an application, on
July 2, 1986, to decrease the essential service of a garage spot
for the tenants of apt. 32 (the garage is subject to a separate
rent control agreement) and to bar the tenant from allowing family
members to park in the 6 unit building's driveway.
In answer to the application, the tenant accused the owner of
unilaterally barring the tenants from use of their garage space by
changing the lock and of blocking the tenants from using the
driveway by the owner parking a car at the front of the driveway.
In Order Number WNR 86C-2/OD, the Acting District Rent
Administrator determined that the subject garage space was an
essential service which could not be terminated arbitrarily.
Docket No. DE 810288-RO
Accordingly, the landlord's application was denied.
In this petition, the owner contends that the Rent Administrator's
Order is incorrect and should be modified because Sec.2102.5
doesn't bar decrease in services despite failure to obtain tenant
In answer to this petition, the tenant contends that the order
should be upheld because the owner has continued to arbitrarily bar
the tenants from use of their leased rent control garage space
without prior approval by this agency.
The Commissioner is of the opinion that this petition should be
The tenant's consent is not an absolute requirement for an
application such as the owner's to be granted and the tenant's
objections to such an application will not necessarily require its
denial. Obviously, the owner's application would be strengthened
by the tenant's consent, but it should be noted tht tenants cannot
waive their rights under the Rent Law and Regulations, so, with or
without the tenant's consent, the basic question is whether
granting the landlord's application would be consistent with the
intention of the statute and administrative regulation. In this
case it would not be.
The owner in her application admits that the alternative of parking
cars on the streets is both inconvenient and subjects said cars to
The owner also admits to already having possession of one of the
two garage spaces at the premises. The owner has chosen to use
said garage space for storing household items rather than for
storage of the owner's car. It is contrary to the spirit of the
rent laws to deprive tenants of an essential service without their
consent and without an adequate substitute.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
ORDERED, that this petition be, and the same hereby is, denied and
the District Rent Administrator's order be, and the same hereby is
Joseph A. D'Agosta
Acting Deputy Commissioner