Docket No. EF 810211-RT
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.: EF 810211-RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
Thomas E. Davis NO.: YCG 810313-S
Premises: 57 Belmont Ave.,
Apt. 2E, Yonkers
New York
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations described above.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject premises. Specifically, the tenant alleged that he had
paid the former owner $10 a month for parking privileges in the
backyard driveway; that upon assuming ownership of the premises 7
years previous to the tenant's filing of the complaint the new
owner had promptly rescinded the parking privileges granted by the
previous owner but did not reduce the tenant's rent by $10 a month.
In its answer, the owner contended that tenant had not enclosed
any proof of his contention to the $10 a month. Owner included
with its answer a letter from the former owner stating that the
tenant had received parking privileges during its ownership of the
premises (1969-1981), and that "I never charged or received any
money from the tenant for parking privileges."
The Administrator issued an order which found that the tenant
had "failed to substantiate his claim that a parking space as a
service is included in the rent."
In his petition, the tenant contends that he didn't claim that
Docket No. EF 810211-RT
the parking privilege was a service that was included in the rent,
but that "I paid $10 per month above and beyond the rent for a
parking space," and therefore is entitled to a $10 per month rent
reduction, due to the denial of the parking space.
The Commissioner is of the opinion that this petition should be
denied.
In its order under appeal herein the Administrator hold that
"... the tenant has failed to substantiate his claim that a parking
space as a service is included in the rent." On appeal, the tenant
concedes that he is not trying to prove that parking was a service
included in the rent. The Commissioner thus feels that the tenant
has not presented an objection to the Administrator's order.
As the tenant's complaint below apparently did not center on
the denial of parking privileges, by the owner, but rather on the
continued $10 per month charge demanded of the tenant, this order
is issued without prejudice to the tenant's filing a complaint of
rent overcharge, if the facts so warrant
THEREFORE, in accordance with the provisions of the Tenant
Protection Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be and the same hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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