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.: ART 10453-U
:
DELIA GIORGETTI AND RENT ADMINISTRATOR'S
VARIOUS TENANTS DOCKET NO.: USC 00170-OM
PETITIONERS :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 23, 1986, the above-named petitioner-tenants filed an Administrative
Appeal against an order issued on April 26, 1986 by the Rent Administrator
(Gertz Plaza, Jamaica, New York) concerning the housing accommodations
known as 11 Vermilyea Avenue, New York, New York various apartments,
wherein the Administrator granted major capital improvement (MCI) rent
increases for the controlled and stabilized apartments in the subject
premises based on the installation of a new boiler/burner, aluminum
windows, roof, intercom system, and metal doors at the premises.
The owner commenced the proceeding below by filing its MCI application in
June of 1985. Various tenants filed answers to the application objecting
to the requested rent increases.
The Rent Administrator's order, appealed herein, granted the owner's
application for all of the items claimed.
On appeal, the petitioner-tenants contend, among other things, and in
substance, that (A) no new metal doors were installed; (B) the tenants are
being charged for 10 or 9 new windows, where originally they had 8 and 7
windows, respectively; (C) the controlled apartments received an increase
of over 15%, contrary to the limit specified in the Administrator's order;
and (D) the stabilized apartments have received varied increases which
differ from those in the Administrator's order.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal should be
denied.
The record discloses that the owner substantiated its application,
including the installing of three metal basement doors, by the submission
of various supporting documentation including a contract and cancelled
checks which documentation was audited by two governmental agencies for its
authenticity. The tenants' unsubstantiated allegation with respect to the
doors is insufficient to refute the supporting documentation submitted by
the owner. The tenants herein acknowledge the installation of new windows
in the subject apartments and the allegation regarding the number of
windows previously existing and those which have been installed is raised
ADMIN. REVIEW DOCKET NO.: ART 10453-U
for the first time on administrative appeal. Thus, this allegation may not
be considered at this level of the proceeding in accordance with Section
2529.6 of the Rent Stabilization Code and administrative precedent.
The collection of an increase based on a greater number of windows than
were actually installed or contrary to the limits set forth in the
Administrator's order (6% permanent increase plus 6% for temporary arrears
for stabilized apartments and 15% for controlled apartments in any one
year) would properly be the subject of a rent overcharge complaint, should
the facts so warrant.
On the basis of the entire evidence of record, it is found that
Administrator's order is correct and should be affirmed.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Code, the Rent and Eviction Regulations and Operational
Bulletin 84-1, 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.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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