Docket No. BD 810001-RO
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 810001-RO
W.R.G. Management Corporation
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 30, 1987, the above-named owner filed a petition for
administrative review of an order issued on March 4, 1987 by a
District Rent Administrator, concerning various housing
accommodations in premises known as 1-13 Greenridge Avenue, White
Plains, New York, wherein the Administrator denied the owner's
major capital improvement (M.C.I.) rent increase application.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered those portions of the record
relevant to the issues by the administrative appeal.
The owner commenced this proceeding upon its filing of an M.C.I.
application with the Administrator on January 21, 1987. The
M.C.I. application was predicated upon the insulation of hot and
cold water lines, at a total cost of $16,000.00.
The Administrator denied the owner's application for a major
capital improvement rent increase, because the work performed was
not deemed to be an M.C.I.
In the petition for administrative review the owner points out
that in Docket No. WWP-85-CS-336-421-OM the Division of Housing
and Community Renewal (D.H.C.R.) granted an M.C.I. rent increase
for the installation of new pipes in the subject premises. The
owner asserts that the insulation was a necessary and inherent
part of the installation of the new pipes, and should not be
considered to be "ordinary maintenance and repair."
Several tenants submitted answers to the owner's petition, which
assert that the owner had already been granted an M.C.I. rent
increase for plumbing, and that the owner should not be granted
an M.C.I. rent increase for work that the Administrator had
determined was for ordinary maintenance and repair.
The record reflects that the subject owner, on July 22, 1985,
filed an application for an M.C.I. rent increase with the DHCR,
Docket No. BD 810001-RO
for the installation of the new pipes, under Dock t No. WWP-85-
CS-336-421-OM. The record further reflects that the
installation of the hot and cold water lines were completed in
May, 1985, which was approximately two months before the owner
filed its M.C.I. rent incrrease application for the new pipes.
As the subject tenants had a reasonable expectation that the
subject owner would file all alleged related M.C.I. work,
pertaining to the installation of the pipes at the same time, and
that the owner does not explain why it failed to file for an
M.C.I. rent increase for hot and cold water lines
contemporaneously with its application for an M.C.I. rent
increase for the installation of new pipes, the Commissiner finds
that the Administrator's order should be affirmed.
THEREFORE, in accordance with the provisions of the Emergency
Tenant Protection Act of 1974, the Tenant Protection
Regulations, and the Rent and Eviction Regulations for the State
of New York, it is
ORDERED, that the this petition be, and the same hereby is,
denied, and that the order of the Rent Administrator shall be
Joseph A. D'Agosta
Acting Deputy Commissioner