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.: AJ 630098-RT
:
DRO DOCKET NO.: BCS 00082-OM
FRANK P. GORGLIONE, DE 630029-RP
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 3, 1986 the abovenamed petitioner tenants' representative filed
a Petition for Administrative Review against an order issued on August 29,
19896 by the Rent Administrator concerning the housing accommodations
known as 3881 Sedgwick Avenue, Various Apartments, Bronx.
The herein appealed order of the Rent Administrator (BCS 00082-OM) granted
major capital improvement rent increases for rewiring, a new oil burner
and boiler, windows, front and vestibu e doors, mailboxes, bell-buzzer-
intercom system, roof, concrete work on the yard and sidewalk, new boiler
room, basement and bulkhead doors, remodeling the elevator cab, new lobby
furniture and replumbing.
In his petition the tenant's representative, among other things, urges, in
substance, that as to each and every item no adjustments should have been
allowed or should have been computed in much lower amounts; that
insufficient checks were submitted as to the burner and boiler; the
windows were installed primarily to reduce the owner's fuel consumption;
the rewiring was not in accord with CAB standards; the plumbing contract
did not provide for installing new returns; various tenants still have
plumbing problems; and the new roof was necessitated by the prior neglect
of the owner.
The Commissioner notes that subsequently the proceeding before the
Administrator was reopened and another order was issued on August 21,
1990 which, among other things, found that remodeling the elevator cab,
mailboxes, concrete work and lobby furniture did not qualify for
adjustments and recomputed the rent increases (DE 630029-RP).
Two physical inspectors disclosed that, as to various specific plumbing
complains in various apartments, service had been restored. The order was
also without prejudice to the tenants in 4 apartments also had leak
problems filing separate service complaints.
It was also adduced that returns had, in fact, been installed as part of
the plumbing work.
DOCKET NUMBER: AJ 630098-RT
It does not appear that any petitions were filed against the abovenoted
subsequent order.
The Commissioner is of the opinion that the petition should be denied.
As abovenoted, many of the tenants' specific objections were resolved in a
subsequent proceeding.
The adjustments, as modified by the Administrator's subsequent order, were
computed on the basis of contracts, bills and cancelled checks actually
submitted. The items for which adjustments were ultimately found
warranted constitute major capital improvements in accord witht he Code
and prior practices of this agency and certificates of inspection by other
agencies having jurisdiction show that they were in accord with legal
standards. The fact that some items also resulted in operational savings
to the owner or were necessary to cure prior decreases in services does
not disqualify them for adjustments.
This order, like the Administrator's subsequent order, is without
prejudice to tenants filing complaints as to any present decreases in
services.
THEREFORE, pursuant to the Rent Stabilization Law and Code, and the Rent
and Eviction Regulations for New York City, it is
ORDERED, that this petition be and the same hereby is, denied and that the
order of the Rent Administrator, as subsequently modified, be and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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