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. BD 130069-RT
DISTRICT RENT ADMINISTRATOR'S
D. RAILEY & K. LAFALCIA DOCKET NO.. QCS 000890-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 14, 1987 the above named petitioner-tenants filed a Petition for
Administrative Review against an order issued on March 10, 1987 by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York concerning
housing accommodations known as 30/40-42 23rd Street and 30/44-46 23rd
Street, Long Island City, New York, various accommodations.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issue
raised by the administrative appeal.
This proceeding was commenced by the owner filing an application for a
rent increase based on expenditures totaling $62,271.25 for major capital
improvements described as follows: installation of new boilers/burners and
new roofs, patch pointing of building exterior and pointing of parapets,
fire escapes and stairway windows.
Various tenants, including the subject tenants, submitted answers to the
application. The subject tenants, who reside in apartment 4F of premises
located at 30-44 23rd Street, objected to the rent increase and
complained, among other things, that since the work was performed on the
roof, water has been running down the living room wall and was causing the
plaster to fall from the living room and bathroom ceilings. The subject
tenants subsequently advised that the superintendent had plastered the
bathroom ceiling and painted over the spot leaking.
In the order appealed herein, the Rent Administrator approved a major
capital improvement rent increase for the installation of the new
boilers/burners and the new roofs. The Administrator determined that the
pointing work did not constitute a major capital improvement and
disallowed expenditures in the amount of $8,371.25 related thereto.
In this petition, the tenants object to the rent increase contending that
there are still leaks and leak related damage in the apartment. The
tenants further contend in substance that they did not claim that the
leaks were repaired but that "some plastering only was done."
The owner did not submit a response to the petition.
DOCKET NUMBER: BD 130069-RT
The Commissioner is of the opinion that this proceeding should be denied.
Rent increases for major capital improvements are authorized by Section
2202.4 of the Rent and Eviction Regulations for rent controlled apartments
and Section 2522.4 of the Rent Stabilization law for rent stabilized
apartments. Under rent control, an increase is warranted where there has
been since July 1, 1970 a major capital improvement required for the
operation, preservation or maintenance of the structure. 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 to the extent recognized by
the Rent Administrator, the owner properly complied with the application
procedures for major capital improvement increases and the Rent
Administrator properly computed the appropriate rent increase therefor.
The tenants who acknowledged in the proceeding below that the owner took
appropriate corrective measures, have not established by objective
evidence that the increases should be revoked. In this respect it is
significant to note that in the several years since the work was completed
no service complaints related thereto have been filed by these or any
This order and opinion is issued without prejudice to this tenants' right
to file an application for a rent reduction based on a decrease in
services, if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations and the
Rent Stabilization Law and Code, and the Emergency Tenant Protection Act
of 1974, 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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner