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 ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: BD230178RT
APPEAL OF
Glenda Colon,
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO: KC5000515OM
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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 March 3, 1987 by
the Rent Administrator (Gertz Plaza) concerning housing
accommodations known as 467 42nd Street, Brooklyn, New York, Apt.
H, wherein the Administrator granted a major capital improvement
(MCI) rent increase based on the installation of new replacement
windows building-wide.
The Commissioner has reviewed all of the evidence of record and has
carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
On appeal, the tenant (who has since vacated the subject apartment)
contends, in substance, that the tenants were not notified of the
owner's application, that as a result, they were denied due
process. The tenant further asserts that the owner has not
maintained all essential services at the subject premises.
The Commissioner is of the opinion that this Petition should be
denied.
Rent increases for major capital improvements are authorized by
Section 2202.4 of the Rent and Eviction Regulation for rent
controlled apartments and Section 2522.4 of the Rent Stabilization
Code for rent stabilized apartments. Under rent control, an
increase is warranted where there has been since July 1, 1970 a
major capital improvement required for the operation, preservation
or maintenance of the structure. 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. Piecemeal work
Adm. Rev. Docket No. BD230178RT
or ordinary repairs and maintenance does not constitute work for
which a rent increase adjustment is warranted under current and
past procedures.
It is the established position of the Division that the
installation of new windows to replaced windows which are twenty-
five years old or older constitutes a major capital improvement for
which a rent increase adjustment may be warrant. At the time the
instant application was filed it was the policy of the division
that the owner certified that it served each tenant with a copy of
the application and placed a copy of the entire application
including all required supplements and supporting documentation
with the resident superintendent of the subject premises. The
record in the instant case indicates that the owner completed
service of its application upon the tenants on September 1, 1985;
and that the owner correctly complied with the application
procedure for a major capital improvement and the administrator
properly computed the appropriate rent increases. The tenant has
not established that the increase should be revoked.
On the basis of the entire evidence of record the Commissioner
finds that the Administrator's order is correct and should be
affirmed.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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