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 ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
A. T. GEYER,
PETITIONER QCS 000888-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 3, 1987, the above-named petitioner-tenant, filed an
Administrative Appeal against an order issued on February 6,
1987, by the District Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommoda-
tions, known as 35-53 82nd Street, Jackson Heights, New York,
The issue herein is whether the District Rent Administrator
properly determined the owner's Major Capital Improvement (MCI)
application for a rent increase based upon the installation of a
new boiler in the subject building.
On February 6, 1987, the District Rent Administrator issued the
order here under review, finding that the installation qualified
as a major capital improvement, 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 a d rent stabil-
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.
On appeal, the petitioner-tenant requests reversal of the Dis-
trict Rent Administrator's order alleging, in substance, that
tenants should not be required to pay rent increases for a boiler
because the owner is already required by law to provide the
equipment. The tenant further alleged that her rent has in-
creased $150.00 per month over a five year period and that the
total of such rent increases is excessive.
The owner did not file an answer to the tenant's appeal.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The District Rent Administrator's order of February 6, 1987
"Various tenants responded to the owner's
application, a d objected to a rent in-
crease. However, there were no objections
pertinent to the installation."
The Commissioner finds that the petitioner's assertions in her
answer of December 18, 1985 and on appeal are irrelevant and
cannot support a reversal of the District Rent Administrator's
order which granted an MCI increase based up n the owner's in-
stallation of a new boiler.
Rent increases for major capital improvements are authorized by
Section 2202.4 of the Rent and Eviction Regulations for rent con
trolled apartments and Section 2522.4 of the Rent Stabilization
Code for rent stabilized apartments. The subject apartment
herein is rent-stabilized. 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 in the instant case indicates that the owner properly
complied with the application procedures for a major capit l im-
provement and the District Rent Administrator properly computed
the appropriate rent increases. The tenant has not established
that the increases should be revoked.
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
JOSEPH A. D'AGOSTA