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.: BE 110275-RO
:
RENT ADMINISTRATOR'S
PENNSYLVANIA LEASING DOCKET NO.: QS 000259-OM
COMPANY PETITIONER :
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ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
FOR FURTHER PROCESSING
The above-named owner timely filed a petition for administrative review of
an order issued on March 17, 1987 by a District Rent Administrator
concerning the housing accommodations known as Various Apartments, 31-35
Crescent Street, Astoria, New York.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition for review.
The issue herein is whether the District Rent Administrator properly
determined the owner's application for a rent increase based upon a
claimed major capital improvement (MCI).
The District Rent Administrator's order, appealed herein, increased the
rents of all rent-stabilized apartments by .39 cents per month for each
$100.00 of rent paid as of October 1, 1984, based upon the purchase and
installation of a new gas/oil burner at a substantiated, allowable cost
of $9,600.00. The effective date of the rent increase was determined to
be February 1, 1985. It was noted in the order that $7,624.76 of the
claimed costs for the installation were disallowed because signatures of
the vendors had not been provided where required on the RA-79 Form
(owner's application for rent increase based on the installation of an
MCI).
In this petition the owner, by its agent, alleges, in substance, that it
properly complied with the rent agency's requirements to completely
substantiate the costs incurred for the purchase and installation of the
gas/oil burner. Regarding the lack of the contractor/vendor signatures on
the RA-79 application form, the owner asserts that it complied with rent
agency instructions by providing affidavits identifying the
contractor/vendor, the service they provided and at what cost. Finally,
the owner notes that it was able to install the gas/oil burner at half the
'going' price which fact should be accounted for in assessing the
allowable MCI costs. The owner encloses a copy of the directions it
received from the rent agency regarding the above mentioned affidavits
being acceptable in lieu of contractor/vendor signatures.
DOCKET NUMBER: BE 110275-RO
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal should be
granted and this proceeding remanded to the Rent Administrator for further
processing.
The Commissioner notes that the rent agency provides an instruction sheet
along with the RA-79 application form (owner's application for rent
increase based on major capital improvements). Regarding
contractor/vendor signatures the instructions indicate that where the
contractor/vendor refuses or is unable to sign the certification, the
owner may instead submit an affidavit which must include the following:
identity of contractor/vendor, work done or materials supplied, cost, and
reason why the contractor/vendor's signature was not obtained. The
affidavit must be signed, notarized and attached to the RA-79 Supplement
form.
The record in the instant case includes invoices, cancelled checks,
management approvals, sign-offs for the installation and operation of the
new gas/oil burner and copies of the owner's affidavits identifying
several contractor/vendors, the work done or materials supplied and costs,
along with an explanation as to why their signatures were not included.
These affidavits, as required, are dated, signed and notarized. The
Commissioner is therefore of the opinion that it was improper for the
Rent Administrator to disallow expenditures totalling $7,624.76 solely on
the basis that the contractor/vendors' signatures were not obtained.
Accordingly, this proceeding is remanded to the Rent Administrator for
such further processing as may be deemed necessary, on notice to the
parties.
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, it is
ORDERED, that this petition be, and the same hereby is, granted to the
extent of remanding this proceeding to the Rent Administrator for further
processing in accordance with this order and opinion. The Administrator's
determination as to the rent increase remains in full force and effect
until a new order is issued upon remand.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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