FJ110195RT
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.: FJ110195RT
JOSEPH SEDACCA RENT
ADMINISTRATOR'S DOCKET
NO.: DG110152B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On October 10, 1991 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued September 19, 1991. The order concerned
housing accommodations known as Apt 2 located at 73-73 260th
Street. The Administrator denied the tenant's application for a
rent reduction.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on July 18, 1989 by
filing a Statement of Complaint of Decrease in Building-Wide
Services wherein he alleged that the building driveway was pitched
and that the garage was flooded.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on January
31, 1991 and stated that the garage was privately rented and not
subject to rent stabilization. The owner stated that the complaint
should be dismissed.
The Administrator issued the order here under review on
September 19, 1991 and dismissed the complaint. The Administrator
advised the tenant to refer any further complaints about the
driveway and garage to the New York City Department of Buildings.
On appeal the tenant states that the Administrator committed
an error of law by ruling that the NYC Buildings Department was the
agency with jurisdiction over this matter. The petition was served
on the owner on November 22, 1991.
FJ110195RT
The owner filed a response on November 11, 1991 and stated
that the garage in question is owned by the cooperative corporation
and the spaces are rented out on a first come first serve basis.
The owner reiterates that the garage is not covered by rent
stabilization or is included in the registration statement filed
for the building.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the proceeding remanded to the Administrator for further
processing.
The Commissioner has reviewed the record and finds that there
is insufficient evidence to determine whether the garage and
driveway are services required to be maintained. The Commissioner
notes that, pursuant to Section 2520.6 (r)(3) of the Rent
Stabilization Code ancillary services are defined as that space and
those services not contained within the individual housing
accommodation which the owner was providing on the applicable base
date and any additional space and services provided or required to
be provided thereafter by applicable law. The Administrator should
have further investigated this matter and should not have dismissed
the proceeding based solely on the owner's response to the
complaint. Therefore, the order here under review is revoked and
the proceeding is remanded to the Administrator for further
investigation of whether the garage and driveway are subject to the
provisions of the Rent Stabilization Law and Code.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, that the Rent Administrator's order be, and the same
hereby is, revoked, and that the proceeding is remanded to the
Administrator for further investigation.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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