BH 410302 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. BH 410302 RT
:DRO DOCKET NO. Z-LS 000601-OM
VARIOUS TENANTS OF 320 WEST 30TH
STREET
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 15, 1987, the above-named petitioner-tenants filed a
Petition for Administrative Review against an order issued on July
13, 1987, by a Rent Administrator, concerning the housing
accommodations known as 320 West 30th Street, New York, New York,
Various apartments, wherein the Rent Administrator determined that
the owner was entitled to a rent increase based on a major capital
improvement.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2522.4 of the 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.
The owner commenced this proceeding in May 1985 by filing an
application for a rent increase based on the major capital
improvement of the installation of a new oil burner for the
subject building at a total cost of $57,000.00.
On July 13, 1987, the Rent Administrator issued the order
here under review finding that the installation qualified as a
major capital improvement, determining that the application
complied with the relevant laws and regulations based upon the
supporting documentation submitted by the owner, and allowing
appropriate rent increases for rent stabilized apartments.
In this petition, the tenants allege in substance that they
did not consent to the installation of the new oil burner and that
the owner is required to provide adequate heat and hot water so
that the owner should not be entitled to a major capital
improvement rent increase for such installation.
The Commissioner is of the opinion that this petition should
be denied.
BH 410302 RT
Rent increases for major capital improvements are authorized
by Section 2202.4 of the Rent and Eviction Regulations 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.
The record in the instant case indicate that the owner
correctly complied with the application procedures for a major
capital improvement and the Rent Administrator properly computed
the appropriate rent increases. It is noted that tenant consent
is not required in order for the owner to obtain a major capital
improvement rent increase and that the owner's obligation to
provide adequate heat and hot water does not bar the owner from
obtaining a major capital improvement rent increase upon the
installation of a new oil burner. Accordingly, the Rent
Administrator's order was warranted.
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
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BH 410302 RT
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