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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. BI 130080 RO
MAPLE COURT ASSOCIATES
C/O DRO DOCKET NO. ZAB 130071 OM
REHAB. ASSOC.,
PETITIONER
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ORDER AND OPINION GRANTING ADMINISTRATIVE APPEAL
IN PART
AND
MODIFYING THE ADMINISTRATOR'S ORDER
On September 28, 1987 the above-named petitioner-owner filed an
Administrative Appeal against an order issued on September 7,
1987 by the District Rent Administrator (Gertz Plaza, Jamaica,
New York) concerning the housing accommodations known as 35-27
81st Street, Queens, New York, Various Apartments, wherein the
Administrator partially granted the owner's application for Major
Capital Improvement (MCI) rent increases for the controlled and
stabilized apartments in the subject premises.
The owner commenced the proceeding below by filing its MCI
application with the Administrator in April of 1986. The
application was based upon the installation of a new
boiler/burner, roof, and pointing of the subject premises.
Various tenants filed answers objecting to the owner's
application. The tenants stated, among other things, that the
heating in the building was still inadequate, that a complete new
roof was not installed, and that there were still water leaks at
the premises.
The District Rent Administrator's order, appealed herein,
disallowed (I) part of the boiler/burner costs as not properly
substantiated; (II) costs of "roof repairs"; and (III) costs of
"pointing where necessary completed after issuance of Bulletin
84-4...".
On appeal, the petitioner-owner contends, in substance, that (A)
pointing where necessary is considered an MCI and is not required
to be building-wide; (B) the installation of a complete 90 pound
cap sheet over the entire roof surface (approximately 11,500
square feet) qualified as an MCI; and (C) cancelled checks for
the total costs of the boiler/burner installation were submitted
with the original MCI application. In support of its
contentions, the petitioner submitted copies of cancelled checks
BI 130080 RO
for the boiler/burner installation.
In response to the petition, various tenants filed answers
contending, among other things, that (1) the roof was patched up;
(2) pointing was only done on areas that leaked; (3) there are
still water leaks at the premises; (4) the boiler/burner was
installed for the owner's benefit; (5) the heat in the building
is sporadic; and (6) the work done constituted necessary repairs.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted in part and the Administrator's order modified
in accordance with this order and opinion.
Regarding the owner's contentions with respect to the
installation of a new roof and pointing of the premises, the
record discloses that a physical inspection of the premises was
conducted by this Division on October 14, 1986. This inspection
revealed peeling paint/plaster and water stains on the walls and
ceilings of apartments 3-E, 6-H, 6-J, and 6-D. Furthermore, the
inspector noted that the building was pointed only at areas on
the upper floors of the building, that there was an area of the
roof that did not appear to have been installed at the same time
as the rest of the roof, and that the tenants below this area had
water stains and peeling paint/plaster. Thus, the record
indicates that the pointing work was not done everywhere where
necessary, that the new roof installation was not complete,
and/or that the pointing and roof work done was unworkmanlike.
However, concerning the boiler/burner installation, the record
discloses that the owner submitted to the Administrator copies of
checks representing payment for this work in the total sum of
$44,560.00. Of this sum the Administrator disallowed $4,000.00
since the back of a cancelled check for this amount was not
submitted. Since the Administrator did not afford the petitioner
an opportunity to re-submit this check with proof of
cancellation, and since it was submitted on this appeal, the
Commissioner deems it appropriate to modify the Administrator's
order to add $4,000.00 to the allowable costs of the improvement
herein. Thus, the allowable cost of the MCI herein is hereby
modified to be $44,560.00, the MCI rent increase for the
controlled apartments is modified to be $3.54 per room, per
month, and the permanent and temporary increases in stabilized
rents are modified to be 2.84.%.
With regard to the tenants' contention of inadequate heating, the
Commissioner notes that the record does not disclose an appeal
against the Administrator's order by the tenants. In addition,
this order is issued without prejudice to the tenants filing
complaints with this Division based on a decrease in services.
On the basis of the entire evidence of record, it is found that
this appeal should be granted in part and the Administrator's
order modified in accordance with this order and opinion.
Any arrears due to the owner as a result of this order may be
paid off by the tenants in twenty four equal monthly installments
during the next twenty four months.
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THEREFORE, in accordance with the applicable provisions of the
Rent Stabilization Code, the Rent and Eviction Regulations for
New York City, and Operational Bulletin 84-1, it is
ORDERED, that administrative appeal be, and the same hereby is
granted in part; and that the Administrator's order be, and the
same hereby is modified in accordance with this order and
opinion, and as so modified, said order is hereby affirmed.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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