HC230254RO                                 
                                    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



          ----------------------------------x     
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.:              
HC230254RO
                     JANET BRAND
                          &
                   HSUAN PING YUAN,               RENT ADMINISTRATOR'S
                                                  DOCKET NO.:
                                  PETITIONERS     EJ230152B 
          ----------------------------------x


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                          

          The above-named petitioner-owners filed a timely petition for 
          administrative review (PAR) of an order issued on April 23, 1993 
          concerning the housing accommodations known as 382 12th Street,  
          Brooklyn, New York, various apartments, wherein the Rent 
          Administrator determined the tenants' complaint of a reduction of 
          certain building-wide services.

          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 petition.             

          Three rent stabilized tenants commenced this proceeding by filing 
          a complaint asserting that the current owners discontinued the 
          tenants' access to the basement for storage and of the backyard, 
          permitted by the prior owner.

          The owners denied the allegations set forth in the complaint, and 
          asserted that they were never services provided by the former 
          owner, who was aged and infirm, and not able to prevent unauthor- 
          ized use.  The owners also stated that neither of the services were 
          registered by the then owner in the initial 1984 services registra- 
          tion, nor provided for in the tenants' leases.

          In response to a request for additional information, the tenants 
          reiterated that they had always had access to the basement for 
          storage and to the backyard for recreational and other uses.  The 
          tenants also stated that the owners had removed and discarded the 
          tenants' property from the backyard.  Copies of the tenants' 
          responses were mailed to the owner.  There is no record of a 
          response from the owner.












          HC230254RO                                 




          Thereafter, an inspection of the subject premises was conducted by 
          the DHCR inspector who confirmed that the tenants did not have 
          access to the storage facilities and backyard at the time of the 
          inspection.

          The Rent Administrator ordered restoration of these services, and 
          further, ordered a reduction of stabilization rents.

          In the appeal the owners reiterates that access to the basement 
          storage space and to the backyard were never required services, and 
          that such services were not registered nor authorized, and not set 
          forth in the tenants' leases.

          After careful consideration, the Commissioner is of the opinion 
          that the petition should be denied.

          Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is 
          required to order a rent reduction, upon application by a tenant, 
          where it is found that an owner has failed to maintain required 
          services.  

          The tenants asserted and the owners denied basement storage space 
          and use of the backyard were services provided by the owners.  
          However, on appeal the owners confirmed that the tenants had been 
          directed to remove their possessions from the basement and to cease 
          use of the backyard .  The owners also stated on appeal that from 
          1986 through 1988 the building was managed by a professional 
          managing agent and thereafter by the executrix of the incapacitated 
          prior owner until transfer of title.  If the services were not 
          authorized initially, failure to take appropriate action when the 
          facts became apparent to them constituted a waiver.  Accordingly, 
          the owners, as successors in interest, remain obligated to continue 
          these services.

          The owners are in error in raising the initial 1984 building regis- 
          tration to establish that the basement storage space and use of the 
          backyard were not contemplated as services.  Tenants can assert 
          decreases of required or essential services at any time.  Whether 
          or not the services were listed in the tenants' leases is also not 
          relevant.  Required or essential services are not confined to 
          services set forth in the lease.  It is the actual services 
          provided on the base date or thereafter, not lease provisions or 
          registered services, that control.












          HC230254RO                                 


          The one tenant's request to withdraw the complaint cannot be con- 
          sidered since the order was issued properly, and must therefore be 
          followed. 

          The automatic stay of retroactive abatements that resulted by the 
          filing of the petition is vacated upon issuance of this Order and 
          Opinion.

          The owners may file a rent restoration application if the facts so 
          warrant.


          THEREFORE, in accordance with the Rent and Eviction Regulations for 
          New York City, the City Rent Control Law, and the Rent Stabiliza- 
          tion Law and Code, it is

          ORDERED, that this petition be, and the same hereby is, denied, and 
          that the Rent Administrator's order be, and the same hereby, is 
          affirmed.


          ISSUED:




                                                                           
                                                JOSEPH A. D'AGOSTA
                                                Deputy Commissioner
                                        







    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name