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. FC510106RT
: DISTRICT RENT OFFICE
Jeff R. Quinlivan, DOCKET NO. 57068
TENANT: Jeff R. Quinlivan
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING DRA'S ORDER
On March 5, 1991, the above-named petitioner filed a Petition for
Administrative Review against an order issued on February 7, 1991, by
the Rent Administrator concerning the housing accommodations known as
463 West 43rd Street, New York, New York, Apartment No. 2E, wherein the
Rent Administrator determined that the facts of this case were reviewed
and a determination had been previously rendered under Docket No.
L001022R issued December 10, 1986. The Administrator further stated
that the case was under Administrative Review under Docket No.
BA410195RO, and could not be raised again in the instant proceeding.
Accordingly, the proceeding was terminated.
The issue herein is whether the Rent Administrator's order was
The Commissioner is of the opinion that this administrative appeal
should be denied, and that the order of the Administrator should be
affirmed as modified.
The tenant's fair market rent appeal was determined under Docket Number
L001022R by order issued on December 10, 1986. A petition for
administrative review of this order (Docket No. BA410195RO) resulted in
the issuance, on March 26, 1993, of an order and opinion granting the
owner's petition for administrative review in part. Inasmuch as the
tenant's fair market rent appeal was determined in another proceeding,
the Administrator properly terminated the instant proceeding.
With regard to the issue of the registration of storage space as a
required service which was not addressed by the Administrator, pursuant
to Section 2523.4 of the Rent Stabilization Code, an owner is required
to maintain all services as defined by Section 2520.6(r) regardless of
whether the services are registered. If there is a failure to maintain
required services, the tenant may apply to the Division for a rent
reduction, and any dispute as to whether a service is required or has
been reduced will be determined in that proceeding.
Accordingly, the Commissioner is of the opinion that it is unnecessary
to decide this issue in this proceeding. Since this decision does not
determine the merits of the storage space issue, the order below shall
not be used in any subsequent proceeding involving storage space as a
base date or required service.
Concerning the issue of the room count, which was also not addressed by
the Administrator, the Commissioner notes that the Rent Stabilization
Law and Code do not contain any provisions pursuant to which a
successful challenge to the registered size/room count of a housing
accommodation would constitute, by itself, a basis for a finding of
overcharge or other rental violation.
Under the Rent Stabilization Code the rent charged for a housing
accommodation may be affected by the registered size/number of rooms of
such accommodation only when there are Major Capital Improvement (MCI)
rent increases issued by DHCR computed on a per room basis.
Accordingly, any challenge to the registered room count of a housing
accommodation will only be addressed during such proceedings where it
would directly affect the computation of a rent increase for Major
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same hereby is,
denied, and that the order of the Rent Administrator be, and the same
hereby is, affirmed as modified herein.
JOSEPH A. D'AGOSTA