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 210096-RT
:
RENT ADMINISTRATOR'S
MAE DALLAS, DOCKET NO. K 000458-OM
PETITIONER :
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ORDER AND OPINION DENYING ADMINISTRATIVE APPEAL
On May 8, 1987 the above-named petitioner refiled an Administrative Appeal
against an order issued on January 20, 1987 by the Rent Administrator, 92
31 Union Hall Street, Jamaica, New York, concerning the rent-stabilized
housing accommodation known as 82 Downing Street, Brooklyn, New York,
Apartment 1C.
The Administrative Appeal is being determined pursuant to the provisions
of 9 NYCRR 2522.4.
The issue herein is whether the District Rent Administrator properly
determined the owner's application for a rent increase based upon a major
capital improvement.
The owner filed an application on March 21, 1986 for a rent increase based
on a major capital improvement. Specifically, the owner stated that a new
heating plant was installed in the subject building in June 1984 at a cost
of $30,000.
The owner also certified that in February 1985, he completed service on
the tenants by mailing or delivering to each of them a copy of the
Application Form RA-79, a copy of Notice Form RA-79N, and three copies of
Answer Form RTP. 3.
No answers from tenants were received.
The District Rent Administrator's order, appealed herein, granted the
owner a major capital improvement rent increase for stabilized and
controlled apartments in the subject building based on the installation of
a new heating plant.
On appeal, the petitioner-tenant alleges, in substance, that the new
boiler breaks down frequently; that an inspector should be sent to check
the "so-called" new boiler; and that she was never contacted by the owner
about anything concerning the new boiler.
In response the owner insists that all tenants were served with the
original application, and that proof of the installation as well as all
necessary inspections and approvals were submitted.
DOCKET NUMBER: BE 210096-RT
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
denied.
Rent increases for major capital improvements are authorized by Section
2522.4 of the Rent Stabilization Code for rent stabilized apartments.
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 discloses that the owner substantiated its application in the
proceeding below by submitting to the Administrator documentation in
support of the application, including the contractor's certifications,
copies of contracts, invoices, estimates, cancelled checks, and the
necessary governmental approvals and sign-offs for the work in question.
The tenant has not submitted any evidence that a new boiler was not
installed and there is no reason to investigate this matter further. The
tenant is advised to file a complaint of decreased services if heat and/or
hot water are not being provided in accordance with the law.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be and the same hereby is denied and the
Administrator's order be and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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