BG 410185 RO
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BG 410185 RO
: DRO DOCKET NO. TC-079083-G
CHRIS WARWIN TENANT: RICHARD REICH
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 27, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on July
3., 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 328 West
101st Street, New York, New York, Apartment No. 4A, wherein the
Rent Administrator determined that the owner had overcharged the
tenant.
The Commissioner notes that this proceeding was filed prior
to April 1, 1984. Sections 2526.1 (a) (4) and 2521.1 (d) of the
Rent Stabilization Code (effective May 1, 1987) governing rent
overcharge and fair market rent proceedings provide that
determination of these matters be based upon the law or code
provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, reference to Sections of the Rent
Stabilization Code (Code) contained herein are to the Code in
effect on April 30, 1987.
The Administrative Appeal is being determined pursuant to the
provisions of Section 20C(1) of the former Rent Stabilization
Code.
The issue herein is whether the Rent Administrator's order
was warranted.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
This proceeding was originally commenced by the filing in
November 1983, of a rent overcharge complaint by the tenant who
first moved to the subject apartment on December 15, 1980 at a
rental of $400.00 per month.
The owner was served with a copy of the complaint and was
directed to submit a complete rental history for the subject
apartment from the base date including copies of all leases. The
owner submitted a complete rental history including copies of
BG 410185 RO
bills and invoices showing it made expenditures totalling $2740.00
in renovations and improvements in the subject apartment
immediately prior to occupancy by the tenant herein.
Subsequently, the tenant advised that he had moved from the
subject apartment.
In Order Number CDR 30,759, the Rent Administrator determined
that the owner had collected a rent overcharge of $456.66 through
November 30, 1983, determined the lawful stabilization rent was
$403.34 effective December 1, 1982, and directed the owner to
refund the overcharge to the tenant. The Rent Administrator
permitted the owner a rent increase of $54.63 due to improvements
totalling $2185.00, but disallowed a rent increase for other
improvements totalling $555.00 - repairing the kitchen and
bedroom floors and the installation of a toilet with a seat.
In this petition, the owner alleges in substance that it
should have been allowed an additional rent increase of $13.88
(1/40th of the total cost of $555.00) for the installation of a
bedroom floor and carpet, a kitchen floor and carpet and a new
toilet and seat. The owner further alleges that the tenant left
"a mess" in the subject apartment which cost $50.00 to clean up
and also kept a set of keys costing $7.00 so that the tenant
should be ordered to pay the owner $57.00.
The Commissioner is of the opinion that this petition should
be denied.
Section 20C(1) of the former Rent Stabilization Code provides
in pertinent part that due to the installation of new equipment or
improvements in a particular dwelling unit, the monthly
stabilization rent shall be increase by 1/40th of the total cost
provided however that such increase shall not be collectible
during the term of a lease then in effect or any renewal thereof
except upon written consent of the tenant. Tenant consent is not
necessary for installations made when the particular dwelling
unit is vacant.
In the instant case, an examination of the records including
the contractor's statement submitted by the owner discloses that
the bedroom floor work consisted of "repair flooring and close
hole around radiator pipes. Install linoleum carpet. Finish with
quarter-round molding along walls."; that the kitchen floor work
consisted of "install waterproof plywood floor. Apply vinyl tile.
Finish with quarter-round molding along walls". The Commissioner
is of the opinion that such work amounts to ordinary repair and
maintenance work for which a Section 20C(1) rent increase is not
warranted. Further the installation of a new bathroom toilet and
seat is considered the maintenance of a service the owner is
required to supply and also does not qualify for a Section 20C(1)
rent increase. Accordingly, the Rent Administrator's order was
warranted.
With regard to the owner's contention that the tenant should
BG 410185 RO
be ordered to pay $57.00 due to damage occurring when the tenant
vacated the subject apartment, the Commissioner notes that the
DHCR has no jurisdiction over this issue and it may be adjudicated
in court.
Because this determination concerns lawful rents only through
November 30, 1983, the owner is cautioned to adjust subsequent
rents to an amount no greater than that determined by the Rent
Administrator's order plus any lawful increases and to register
any adjusted rents with this order and opinion being given as the
explanation for the adjustment.
This order may upon the expiration of the period in which the
owner may institute a proceeding pursuant to Article 78 of the
Civil Practice Law and Rules, be filed and enforced as a judgment.
A copy of this order is being sent to the tenant now in
occupancy at the subject apartment.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
```````````````
BG 410185 RO
|
