STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
-------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: BH410108RT
VARIOUS TENANTS OF RENT ADMINISTRATOR'S
339 E. 58TH STREET, DOCKET NO.: LCS000557OM
NEW YORK, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenants timely filed petition for
administrative review (PARs) against an order issued on July 8,
1987, by a Rent Administrator(Gertz Plaza) concerning the housing
accommodations known as 339 East 58th Street, New York, New York,
various apartments, wherein the Rent Administrator determined that
the owner was entitled to a rent increase based on the installation
of a major capital improvement (MCI).
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 thiS administrative appeal.
The owner commenced this proceeding on April 24, 1985, by filing an
application for a rent increase based on the installation of a
boiler/burner at a total cost of $48,650.00.
On July 8, 1987, the Rent Administrator issued the order here under
review, finding that the installation qualified as an MCI,
determining that the application complied with the relevant laws
and regulations based upon the supporting documentation submitted
by the owner, and allowing rent increases for rent controlled and
rent stabilized tenants.
In the petition, the tenants contend, in substance, that the
boiler/burner system is of inferior quality when compared to the
previously existing system; during the first quarter of the year,
there were days with no heat or hot water in the building; and they
continue to experience irregular water pressure with no temperature
control as surging hot water comes through the system creating a
safety problem. In addition, the tenant of apartment 6K questions
the room count of said unit.
After careful consideration of the entire record, the Commissioner
is of the opinion that this petition should be denied.
ADMIN. REVIEW DOCKET NO.BH410108RT
The record discloses that the owner substantiated its application
in the proceeding below by submitting to the Rent Administrator in
support thereof copies of accepted contractor's proposal, an
owner's affidavit in lieu of the contractor's certification,
various governmental certificate/approvals, and cancelled checks
for the improvement in question. The petitioners herein, on the
other hand, have failed to establish either in the proceeding below
or on appeal the alleged inadequacy of the work performed or that
services were not being maintained. In this respect, it is
significant to note that the records of the Division disclose that
no rent reduction order has been issued against the subject
premises based on the owner's failure to maintain services of a
building-wide nature nor was any such complaint pending, including
a complaint of inadequate heat or hot water, at the time the order
appealed herein was issued. The tenants have failed to establish
that the Administrator's order should be revoked.
With respect to the room count of apartment 6K, the Commissioner
notes that the Administrator's order was predicated upon the unit
being a one-room apartment. The owner may not charge the tenant
based on a greater number of legal rooms for MCI purposes. This
order and opinion is issued without prejudice to the tenant filing
a rent overcharge complaint with this Division, if the facts so
This order and opinion is issued without prejudice to the tenants'
right to file an application for a rent reduction based on a
decrease in services, including any current defects in heat and/or
hot water services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the New York City Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby are, denied,
and that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA