Adm. Rev. Docket No.: BC 1130069-RT
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 NOS.: BC 1130069-RT
VARIOUS TENANTS, BC 130126-RT
D.R.O. DOCKET NO.:
PETITIONER QCS 000461-OM/848-OM
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenants filed timely Petitions for
Administrative Review against an order issued on February 4, 1987 by
the Rent Administrator at Gertz Plaza, Jamaica, New York concerning
the housing accommodations known as 82-60 116 Street, Queens, New
York, wherein the Rent Administrator granted the owner's application
to increase rental based on the installation of major capital
The issue in these appeals is whether the Administrator's is
The applicable law is Section 2202.4 of the Rent & Eviction
Regulations and Section 2522.4 of the Rent Stabilization Code.
The owner commenced these proceedings by filing an application for
major capital improvement rent increases, based on the installation
of a new roof; new entrance; vestibule and yard doors; a new
intercom system and new aluminum windows.
On February 4, 1987, the Administrator issued the order, herein,
under appeal granting the owner's application based on substantiated
and allowable costs of $63,333.00.
On appeal several petitioners raised various objections. The
petitioner argues that the roof installation was not an improvement
but merely replacement of old equipment which the owner had allowed
to deteriorate, and which required replacement, as water was seeping
into the apartments; they also assert that water seepage still
occurs. The petitioners also claim that window installations were
defective in that the new equipment remained uninsulated,
unplastered and unpainted, and that the vestibule door installation
remained unfinished. The petitioners also request that increases be
allowed only until the owner has recovered the cost of the
The owner responded, in substance that a new roof is eligible for
major capital improvement rent increase and that new entry doors
were installed properly and that the owner had recently finished
doing minor cosmetic work around the door. As to the windows the
owner pointed out that the window were not painted as they were
aluminum with a bronze anodized finish that the window were capped
Adm. Rev. Docket No.: BC 1130069-RT
around the center frame and caulked to make the windows air-tight.
After careful consideration the Commissioner is of the opinion that
the petitions should be denied.
Section 2522.4 of the Rent Stabilization Code provides for rent
increase for the installation of major capital improvement if, among
other things, they are required for the operation, preservation and
maintenance of services. Section 2202.4 of the Rent & Eviction
Regulations contains similar provisions.
A new roof, intercom system and new windows, and new doors have
previously been held to merit the criteria promulgated pursuant to
the regulations to qualify as major capital improvement.
A review of the record indicates that the Administrator properly
determined the owner's application for rent increases based on the
building wide installations and correctly determined the amount of
the rent increase to the owner was entitled.
The tenants assertion on appeal that the owner should collect an
increase only until the owner be amortized the cost is not supported
by relevant provisions of the Law and regulations.
Turning to the several allegations regarding the adequacy of roof
work, the Commissioner notes that there were no reports below of
damage due to water seepage in the new roof. As there were no
allegations made below, they may not be raised for the first time on
appeal. Additionally, Division records disclose no building-wide
rent reduction orders based on the owner's failure to maintain the
roof, or an application pending at the time the order appealed
herein was issued.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
the Emergency Tenant Protection Act of 1974, and Chapter 403 of the
Laws of 1983, as amended by Chapter 102 of the Laws of 1984, as
implemented by Operational Bulletin 84-1, it is
ORDERED, that these petitions be, and the same hereby are, denied,
and the District Rent Administrator's order be, and the same hereby