DOC. NO. ART 11668-K
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ART 11668-K
ELEANOR JACKSON, : DRO DOCKET NO.:
PETITIONER : KCS 000500 OM
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 17, 1986, the above-named petitioner filed an appeal against
an order issued on June 12, 1986 by the Rent Administrator of the Rent
Office located at Jamaica, New York, concerning the housing
accommodations known as Apt. 3 at 1767 Bedford Avenue, (a/k/a/ 125
Sterling Street) Brooklyn, New York, in which order the
Administrator had granted the owner's application for a rental
increase based on the completion of major capital improvements
("MCI").
That order recites that of the $48,486.12 figure submitted by the
owner as its expenditures for this MCI, the Administrator has
allowed $41,450.00, resulting in a rental increase of 4.96% plus a
temporary increase of another 4.96%.
In attacking that order the tenant first argues that the total
permissible increase thereunder violates applicable law insofar as
it exceeds six per cent. The other pertinent argument is that the
"landlord has not proved" the repairs to have been necessary, or
their cost, reasonable.
After careful consideration of the record before the Commissioner,
the Commissioner is of the opinion that this petition should be
denied.
Petitioner appears to be under the impression that the aggregate of
permanent and temporary MCI rental increases cannot exceed six per
cent. The law, however, requires only that neither one of those
increases exceed that percentage, and the increases imposed herein
obviously meet that criterion.
DOC. NO. ART 11668-K
Regarding the necessity and cost of the subject improvements, the
burden at this stage is no longer on the owner to "prove" same, but
on the petitioner to show that the Administrator erred in those
regards. As the tenant has not even suggested such an error, this
appeal cannot succeed based thereon.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is denied, and
the order of the Rent Administrator affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|