BC 710099-RO
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.: BC 710099-RO
Dalton Associates, Inc., DISTRICT RENT ADMINISTRATOR
DOCKET NO.: N-FP-86-CS-
1/12-OM
PETITIONER
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ORDER AND OPINION DENYING ADMINISTRATIVE APPEAL
On March 7, 1987 the above-named petitioner-landlord filed an
Administrative Appeal against an order issued on February 6, 1987
by the District Rent Administrator (50 Clinton Street, Hempstead,
New York) concerning the housing accommodations known as 35, 37,
and 39 Atlantic Avenue, Floral Park, 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 roof, aluminum siding, and a hot water
heater at the premises.
The landlord commenced the proceeding below by filing its MCI
application with the Administrator in April of 1986. In the
application, the landlord claimed increases based on the
installation of new windows, storm doors, a fence, aluminum
siding, a new roof, replacement of open wire, electric fixtures,
metering equipment, a hot water heater, and plumbing. Two
tenants objected to the landlord's application stating, among
other things, that the storm windows, storm doors, aluminum
siding, the fence, the plumbing, and electrical fixtures were not
installed building-wide.
The landlord filed a response to the tenants' objections stating,
among other things, that (1) the landlord has installed storm
windows over all exterior windows in each apartment; (2) the
windows on the interior of the buildings have not been replaced;
(3) new aluminum storm doors were installed on each of the three
exterior entrances to the apartments whose exit doors lead
directly to the outside gardens; (4) no new storm doors were
installed in the apartments access to which is through the hall
of the building; (5) the aluminum siding was placed to cover the
brick area of the second story of the building; and (6) the
entire building was not rewired but all the lighting fixtures
were replaced.
On November 12, 1986, the DHCR conducted a physical inspection of
the subject premises. The inspection disclosed that (I) the
subject premises is a two story building; (II) the second floor
has aluminum siding; (III) the roof is in good condition; and
(IV) the hot water heater was installed at 37 Atlantic Avenue and
services the entire premises.
BC 710099-RO
The District Rent Administrator's order, appealed herein,
disallowed increases for storm windows and storm doors, fence,
trim and shutters, replacement of open wire, electrical fixtures,
replacement of metering equipment, push nipples in boiler, and
repairs of kitchen and bathroom pipes. The Administrator stated
that these installations did not constitute MCI's as defined in
the Regulations but were ordinary repairs, maintenance, and/or
replacements.
On appeal, the petitioner-landlord contends, in substance, that
the installation of storm windows and storm doors, trim and
shutters, replacement of open wire, replacement of metering
equipment, electrical fixtures, and replacement of kitchen and
bathroom pipes all constitute building-wide Major Capital
Improvements as defined in the Regulations.
Various tenants filed answers to the landlord's petition stating,
among other things, that (A) the new storm windows are defective
and they were not installed building-wide; (B) the aluminum
siding was only done on the upper portion of the buildings; (C)
the storm doors were not installed building-wide; (D) there are
no new electrical fixtures or wiring; (E) there is no new
plumbing; (F) there is no place for a fence at 39 Atlantic
Avenue; and (G) the roof at 37 Atlantic Avenue was not replaced
but the skylights were simply covered over.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The Commissioner notes that for work to qualify as an MCI, it has
to be done on a building-wide basis. Thus, the replacement of
just the exterior windows, entrance doors to three out of twelve
apartments, replacement of ruptured piping in limited areas, and
trim in connection with siding covering just the second story of
the premises does not constitute a building-wide improvement. In
addition, the installation of decorative shutters on some of the
windows was cosmetic in nature and not required for the operation
or preservation of the building. Furthermore, the replacement
of metering equipment and electrical fixtures without the
installation of new risers and feeders to every housing
accommodation does not constitute an MCI.
Finally, the tenants' contentions in their answers concerning the
roof installation and aluminum siding could only be considered
pursuant to a Petition for Administrative Review filed by the
tenants.
On the basis of the entire evidence of record, it is found that
the Administrator's order was correct and should be affirmed.
THEREFORE, in accordance with the applicable provisions of the
Emergency Tenant Protection Act of 1974, the State Rent and
Eviction Regulations, and Operational Bulletin 84-1, it is
ORDERED, that the administrative appeal be, and the same hereby
is denied; and that the Administrator's order be, and the same
hereby is affirmed.
BC 710099-RO
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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