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. BG 110283-RT
KATHLEEN REYNOLDS, DOCKET NO. Q 000338-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenant timely filed a Petition for
Administrative Review against an order issued on June 10, 1987 by the Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York, concerning
housing accommodations known as 34-06 73rd Street, Jackson Heights, New
York, Apartment 3A, wherein the Administrator authorized a major capital
improvement rent increase for stabilized apartments in the subject
premises based on the installation of a new roof.
In this petition the tenant contends that the rent increase is not
justified because the subject apartment has been water damaged due to a
leak in the roof.
After a careful consideration of the entire record, the Commissioner is of
the opinion that this petition 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 replaced an item whose useful life has expired.
The Commissioner notes that the petitioner herein raised no objections to
the quality or adequacy of the installations while this proceeding was
before the Rent Administrator although she was afforded the opportunity
to do so.
Accordingly, pursuant to Section 2529.6 of the Rent Stabilization Code the
tenant's allegations may not be considered now when offered for the first
time on administrative appeal.
The record in the instant case, which includes copies of proposals and
cancelled checks indicates that the owner correctly complied with the
applicable procedures for a major capital improvement; and that the Rent
Administrator correctly computed the appropriate rent increases based on
the proven cost of the improvement. The tenant has not established that
the increase should be revoked.
DOCKET NUMBER: BG 110283-RT
The determination herein is without prejudice to the right of the tenant
filing an appropriate complaint of decrease in services, if the facts now
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, denied, and that
the order of the Rent Administrator be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner