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. AI 130068-RT
DISTRICT RENT ADMINISTRATOR'S
ROBERT LEIDERMAN DOCKET NO. QCS 000707-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 24, 1986 the above-named petitioner-tenant filed a Petition
for Administrative Review against an order issued on September 8, 1986 by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning housing accommodations known as 68-63 108th Street, Forest
Hills, New York, Apartment 2-B, wherein the Administrator authorized a
rent increase for the installation of n w replacement windows building-
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 administrative appeal.
This proceeding stems from an application initially filed with the
Division on September 13, 1985 in response to which the tenant named
herein alleged among other things, that windows were not installed
building-wide since hallway windows were not replaced and that in 1982 he
installed storm windows in his apartment.
On September 8, 1986 the Administrator issued the order appealed herein
granting the owner's application.
In this petition for Administrative Review the tenant contends, in
substance that the Administrator failed to consider his answer to the
application, that the applicant in the instant proceeding (Winthrop Apt.
Corp.) is not the owner of his cooperative apartment (2-B) and thus is not
entitled to a rent increase; that insufficient information was provided
him as a rent controlled tenant, to file for a share of tax abatement
benefits received by the owner; and that the Administrator did not take
into account tax benefits received for the installation.
The Commissioner notes that the owner had submitted the contract for the
work in question, the contractors certification and cancelled checks in
substantiation of the cost of same.
In response to the tenant's petition the landlord's agent states, in
substance, that the owner of this cooperatively owned building is
Winthrop Apts. Corp; and that no tax abatement was granted for the
replacement windows installed in the subject building.
The Commissioner is of the opinion that this petition should be denied.
DOCKET NUMBER: AI 130068-RT
It is the established position of the Division as reflected in Operational
Bulletin 84-4 and Policy Statement 89-6 that the building-wide
installation of all apartment windows and/or public area windows which are
25 or more years old constitute a MCI for which a rent increase may be
The Commissioner notes that for work to qualify as a MCI it must meet
various criteria, one of which is that the installation be deemed
depreciable under the Internal Revenue Code. Thus the fact the landlord
may be entitled to certain tax advantages does not preclude a landlord's
entitlement to a MCI rent adjustment, if otherwise so entitled.
The Commissioner further notes that Supplement No. 1 to Operational
Bulletin 84-4 provides, in pertinent part, that in the interest of
preventing a multiplicity of proceedings, the managing agent for an
eligible cooperative corporation must file the application for a major
capital improvement increase on behalf of the corporation and all
proprietary lessees, including the sponsor.
While there is administrative provision for tenants of rent controlled
apartments to share in the benefit of such tax abatement benefits as may
be received by a landlord, the records of the Division fails to disclose
that tax abatement was, in fact, granted for the work in question.
However, this determination is without prejudice to the right of the
tenant to make appropriate application to the Owner Individual Unit of
this Division at such time as and in the event that tax abatement benefits
are obtained for this improvement.
The tenants allegation that he incurred the expense of installing storm
windows in his apartment (without the consent of the owner) is
unsubstantiated and insufficient to warrant revocation of the
Based upon the entire record, the Commissioner finds that the
Administrator's order is correct and should be affirmed.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations for New York City, it is
ORDERED, that this petition for administrative review be, and the same
hereby is denied; and that the order of the Rent Administrator be, and the
same hereby is affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner