DHCR Decisions
DOCKET NO.: BC-210192-RO and BC-210129-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 NOS.: BC-210192-RO
: and BC-210129-RO
:
JOSEPH NADOFF, : DRO DOCKET NO.: 36584
: EXAMINING UNIT
:
: TENANT: IDA SMITH
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On March 10, 1987 the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on February 5,
1987 by the Rent Administrator, 10 Columbus Circle, New York, New
York, concerning the housing accommodations known as 1580 East 18th
Street, Brooklyn, New York, Apartment 5-A wherein the Administrator
amended the Registration.
The owner's petition was erroneously assigned two docket numbers
which are consolidated for disposition herein.
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 in the Administrative appeal.
The tenant commenced this proceeding on November 7, 1984 by filing
a timely objection to the 1984 apartment registration, claiming
that twenty-one services were either provided by the owner when she
first took occupancy, or were omitted or were incorrect.
In response, the owner enumerated those services which it did
provide and disclaimed responsibility for services which it alleged
were not supplied on the base date, including, inter alia
air conditioner, venetian blinds, storage room, radio in elevator
and lobby, and full-time porter.
The tenant replied that each of the afore-mentioned services had
been owner-provided since May 31, 1974, the initial date of the
DOCKET NO.: BC-210192-RO and BC-210129-RO
tenant's occupancy. In support thereof, the tenant submitted
affidavits from twenty-five (25) tenants in the subject building
affirming the tenant's allegations.
In the order issued on February 5, 1987, the Administrator
determined that the owner provides all items cited by the tenant.
The Administrator amended the registration to include air
conditioner, venetian blinds, screens, kitchen linoleum, storage
room and lobby radio as base date services.
In its appeal, the owner contends that the tenant is supplied with
only one air conditioner as is stated in the tenant's initial
lease. Fire department regulations required the removal of all
flammable items from the storage room and the owner is not
responsible for any remaining items. Although a full-time super is
employed, the porter has always been a part-time employee. If in
the past the super serviced tenants' venetian blinds, he did so on
his own time as venetian blinds is not a building-wide service.
With respect to radio in the lobby, and in the elevator, the owner
asserts that the former owner stated that radio had never been
provided in the lobby or elevator and therefore is not a building-
wide service.
In reply, the tenant contends that because the owner has provided
no evidence to effectively dispute the base date services listed in
the order, the appeal should be denied. The tenant further
contends that the order should be sustained because identical
findings were made in a previous order.
The Commissioner is of the opinion that the petition should be
granted in part and the Administrator's order should be modified.
The tenant submitted to the Administrator twenty-five (25)
affidavits from other tenants, all of whom affirmed the tenant's
allegations with respect to building-wide base date services. The
owner relies on unsubstantiated statements to support his
contentions. The Commissioner finds that except for two items, the
Administrator properly relied on the evidence of record and was
correct in its determination. As for venetian blinds, the Division
has repeatedly held that maintenance and repair of venetian blinds
is the responsibility of the tenant notwithstanding that fact that
the owner provides such blinds and must replace them when they can
no longer be repaired.
As for the radio or music in the lobby or elevator the Commissioner
finds that this is a minor item that does not have to be included
on the registration statement for the building.
DOCKET NO.: BC-210192-RO and BC-210129-RO
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted in
part and the Rent Administrator's order be, and the same hereby is,
modified in accordance with the order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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