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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NO: AK110143RT
JOSEPH & LAURA BOLAND, RENT ADMINISTRATOR'S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 13, 1986 the above-named tenants filed a petition for
administrative review of an order issued on October 15, 1986, by
a Rent Administrator concerning the housing accommodation, known
as apartment 22D, 43-22 194th Street, Flushing, New York, wherein
the Rent Administrator determined that the owner was entitled to
a rent increase based on major capital improvements.
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 for review.
The owner commenced this proceeding by filing an application for
a rent increase based n major capital improvements, to wit-
windows and a new roof.
On October 15, 1986, the Rent Administrator issued the order here
under review finding that the installations qualified as major
capital improvements, determining that the application complied
with the relevant laws and regulations based upon the supporting
documentation submitted by the owner, and allowing appropriate
rent increases for rent controlled and rent stabilized
In their petition for administrative review the tenants request
reversal or modification of the Rent Administrator's order
alleging that the windows were installed in September, not July,
that the window installations are still not completed, and that
Docket No. AK110143RT - 2 -
they did not observe anyone putting on a new roof.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
Rent increases for major capital improvements are authorized by
Section 2202.4 of the Rent and Eviction Regulations for rent
controlled apartments and Section 2522.4 of the Rent
Stabilization Code for rent stabilized apartments. Under rent
control, an increase is warranted where there has been since July
1, 1970 a major capital improvement required for the operation,
preservation, or maintenance of the structure. Under rent
stabilization, the improvement must generally be building-wide;
depreciable under the Internal Revenue Code, other than for
ordinary repairs; required for the operation, preservation, and
maintenance of the structure; and replace an item whose useful
life has expired.
The Commissioner notes that the owner's application was supported
by all necessary documentation including contracts, bills, and
cancelled checks evincing completion of the work for which the
application for an increase was granted and further notes that
the tenants' allegations are unsupported by any evidence other
than their own self-serving allegations.
The record in the instant case indicates that the owner
correctly complied with the application procedures for a major
capital improvement and the Rent Administrator properly computed
the appropriate rent increases. The tenants have not established
that the increase should be revoked.
This order and opinion is issued without prejudice to the
tenants' right to file a complaint based on a diminution of
services if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the Rent and Eviction Regulations for New York City, it
ORDERED, that this petition be, and the same hereby is, denied
ant that the Rent Administrator's order be, and the same hereby