BF 230035 RT
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.: BF 230035 RT
JOSEPH SKOWRONSKI,
DRO DOCKET NO.: ZAD 230142 OM
PETITIONER
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ORDER AND OPINION DENYING ADMINISTRATIVE APPEAL
On June 11, 1987, the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on May 8, 1987 by
the District Rent Administrator (Gertz Plaza, Jamaica, New York)
concerning the housing accommodations known as 332 42nd Street,
Brooklyn, New York, Apartment 4D, 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 replacement windows building-wide,
angle iron on all window tops, building entrance door, a new
roof, and a new intercom system.
The owner commenced the proceeding below by filing its MCI
application with the Administrator in June of 1986. In response
to the application, the petitioner filed an answer stating, in
substance, that
(I) The owner replaced perfect storm windows
(which had screens) with new windows without
screens; and
(II) there is a leak in the tenant's top floor
apartment and the owner's claim that the roof
has been repaired is not true.
The District Rent Administrator's order, appealed herein, granted
the owner's MCI application.
On appeal, the petitioner-tenant contends, in substance, that:
(A) The tenant had been paying $10.00 per month
extra for the old storm windows (which had
screens) before they were replaced with new
inferior windows;
(B) parts of the ceiling in the tenant's top
floor apartment leak every time it rains;
BF 230035 RT
(C) a full-time super w s replaced with a part-
time super at the premises; and
(D) other essential services at the premises have
decreased drastically.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative
appeal should be denied.
The record discloses that the owner substantiated its MCI
application in the proceeding below by submitting documentation
in support of the application, including copies of contracts,
contractors' certifications, invoices, proposals, and cancelled
checks for the work herein. With regard to the petitioner's
contentions concerning the window screens, the record discloses
that the owner installed thermal replacement windows in place of
the old storm windows. Thus, the owner was not required to
install the screens. In addition, the owner has submitted the
contractor's statement indicating that the useful life of the
old prime windows had expired, and the records of this Division
disclose that the useful life of the storm windows (for which an
increase was granted in 1967) has long since expired.
With respect to the petitioner's contentions concerning services
(including the ceiling leaks), the records of this Division
disclose that six months after the issuance of the
Administrator's order herein, the tenant filed a service
complaint and that on September 26, 1988, a rent reduction order
(Docket No. ZBK 220275 S, effective January 1, 1988) was issued
for the subject apartment based on a decrease in services. The
rent reduction order was based on five service items, only one of
which concerned the work herein. This item was listed as service
No. 4 in the Administrator's order. "The hall ceiling was
repaired but, wall plaster is defective in small area.". In
addition, the Administrator's order stated that the bathroom
window is operative and working properly. Thus, the record does
not disclose service problems relevant to the installations
herein.
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
Rent Stabilization Code and Operational Bulletin 84-1, it is
ORDERED, that the Administrative Appeal be, and the same hereby
is, denied; and that the District Rent Administrator's order be,
and the same hereby is, affirmed.
ISSUED:
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JOSEPH A. D'AGOSTA
Deputy Commissioner
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