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 ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: BI230256RT
APPEAL OF
E. Getter,
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO: AD230249OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 4, 1987, the above named petitioner-tenant timely
filed a petition for administrative review (PAR) against an order
issued on August 14, 1987, by a Rent Administrator (Gertz Plaza)
concerning the housing accommodations known as 3619 Bedford Ave,
Brooklyn, New York, Apartment 3L, wherein the Rent Administrator
determined that the owner was entitled, in part, 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 28, 1986 by initially
filing an application for a rent increase based on the installation
of the following items at a total cost of $114,127.00: aluminum
replacement windows, building-wide; repairs of roof, terraces and
sidewalk; steam cleaning; and pointing and waterproofing where
necessary.
Various tenants objected to the owner's application, alleging in
substance that the owner planned to convert the building into a co-
operative; that the proposed percentage rent increase exceeds the
legal limit; and that "many windows and screens, have not been
properly installed".
The owner responded to the tenants' allegations, stating that the
cooperative conversion plan has been withdrawn and that the
contractor for the window installation responded to all the
tenants' complaints.
Adm. Rev. Docket No. BI230256RT
On August 14, 1987, the Rent Administrator issued the order here
under review granting, in part, the application and authorizing an
increase based on approved costs of $97,343.00 upon finding that
the installation of aluminum windows, building-wide qualified as a
MCI. Disallowed by the Administrator were the claimed costs of
$16,784.00 upon finding that the repair work to the roof, terraces
and sidewalk, the pointing and waterproofing work, and the steam
cleaning performed at the subject premises did not constitute MCIs.
In this petition, the tenant contends, in substance, that the Rent
Administrator did not consider the tenants' claims of poor
workmanship in the installation of the windows; and that there are
gaps in the window frames.
In response to the tenant's petition, the owner contends in
substance, that it is unable to answer the tenant's petition
without greater specificity of the tenant's complaint.
After careful consideration of the entire record, the Commissioner
is of the opinion that this petition should be denied.
Rent increases for major capital improvements are authorized by
Section 2522.4 of the Rent Stabilization Code for rent stabilized
apartments. 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 record discloses that the owner substantiated its application
in the proceeding below by submitting to the Administrator
documentation in support of the installation of windows building-
wide including the contractor's certification, copy of the
contract, invoices, estimates, and cancelled checks.
Although a review of the DHCR records shows that there are no
outstanding apartment or building-wide service related rent
reduction orders against premises the Commissioner notes that the
Rent Administrator failed to inspection petitioner's apartment
windows although she claimed her windows were not installed
properly.
The Commissioner, therefore directs the owner to inspect the
tenant's apartment windows and make any necessary repairs within
60 days of the issuance of this instant order. If owner fails to
Adm. Rev. Docket No. BI230256RT
make repairs, the tenant may file an individual service complaint
with the Division within 90 days of the issuance of this order. If
the complaint is warranted, the Division may revoke the MCI rent
increase for the subject apartment from its inception to the
effective date of a service restoration order and require the owner
to refund the revoked increase to said tenant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is denied and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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