Adm. Rev. Docket No: FE 410205-RO
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.: FE 410205-RO
:
YORKSHIRE HOUSE ASSOCIATES/ : DISTRICT RENT ADMINISTRATOR'S
BIRGIT SONDERHOLM, : DOCKET NO.: DJ 410844-S
:
PETITIONERS :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 17, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 11, 1991
concerning t e housing accommodations relating to the above-
described docket number.
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.
On October 6, 1989, the tenant commenced this proceeding by filing
a complaint asserting that she rented a garage space with the
subject apartment since 1973, pursuant to a lease; that the amount
charged yearly for the space was increased in the same proportion as
her rent pursuant to the Rent Stabilization Law; that due to
injuries sustained after being struck by a taxi, she was unable to
use the car which she loaned to a relative; that she continued to
pay for the garage space and had every intention of retaining the
space; that in April 1989, she was informed by the owner/agent that
her garage space was given to another tenant based on the assumption
that she did not need the garage because her car was "sold;" that
her payments were returned; and that she was "forced to find another
garage... at a considerable cost."
In its answer filed on December 26, 1989, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that the tenant gave up the garage space before the
tenant's accident and that the garage rent paid by the tenant were
returned to her.
Thereafter on January 24, 1991, an inspection of the subject
apartment was conducted by a DHCR inspector who confirmed the
existence of defective conditions in its report stating "(n)o
parking spots available... (n)o parking spot provided."
On February 5, 1991, the owner duly informed of the inspection
findings and was requested to "submit proof of service restoration
in writing." The owner failed to respond to this request.
On April 11, 1991, the Administrator directed restoration of this
service and further ordered a reduction of the stabilized rent.
Adm. Rev. Docket No: FE 410205-RO
In this petition, the owner alleges in substance that the tenant
discontinued paying for the garage rent; and that the tenant gave up
the garage space.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The record shows that the tenant rented a garage space with the
subject apartment since 1973; that this garage space was a required
service charged yearly by the owner and increased proportionately
with the stabilized rent; that because of the death of her husband
and accident injuries suffered by her, she was unable to use the car
which she loaned to a relative; that she continued to pay for the
garage space with the intention of retaining the space.
However, the owner returned her garage payments for the months of
January 1989, February 1989 and March 1989. The tenant was informed
by the owner in April 1989 that her garage was given to another
tenant.
The Commissioner thus finds that the tenant had every intention of
retaining this garage space; and that the owner's allegation
otherwise is without merit.
This Order and Opinion is issued without prejudice to the owner
filing an application for restoration of service if the facts so
warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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