BJ 230110 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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BJ 230110 RO
ARTHUR WEINER,
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: AA 200106 OM
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 7, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
September 4, 1987 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York concerning housing accommodations known
as 901 Avenue H, Brooklyn, New York, Various Apartments wherein
the application for a Major Capital Improvement (MCI) rent
increase was denied.
The instant matter stems from a MCI rent increase application
initially filed with the Division on December 30, 1985 based on
the installation in 1973 of a new oil burner/boiler and the
upgrading of one incinerator and the installation in 1978 of a
new roof and front entrance/vestibule doors. The order of the
Administrator appealed herein denied the application due to the
time span between the completion of the claimed items and the
filing of the application.
In this petition for administrative review the owner contends, in
substance, that it was error for the Administrator to have denied
the application on the grounds stated since, at the time the
application was filed, there was no statute of limitations on
applying for rent increases of the type involved herein.
In response thereto, various tenants urge, in substance, that the
petition be denied.
At the outset the Commissioner notes that the records of the
Division disclose that a rent increase was previously granted for
the boiler/burner here in question pursuant to orders (Docket
Nos. 2AC520001-77) issued on January 15, 1975 by the predecessor
New York City Office of Rent Control. Having previously obtained
a rent increase for said item no further increase for said item
may be obtained in the instant proceeding.
In this respect the records of the Division disclose that the
owner herein subsequently applied for and was granted a MCI rent
increase (Docket No. BD 230391-OM) for the conversion of the
BJ 230110 RO
incinerator to a compactor system in 1986. A further rent
increase for the 1973 incinerator upgrading is not now warranted.
The order issued by the Administrator in the above docket matter
also granted the owner a rent increase for the front
entrance/vestibule doors which are the subject of the instant
proceeding but disallowed a rent adjustment for the claimed 1978
roof installation on grounds that a requisite contractor's
certification was not submitted. (Neither is such contractor's
certification provided with the instant application). The owner,
having elected to reapply to the Rent Administrator with respect
to the roof and entrance doors, is bound by the final order
issued under Docket No. BD 2300391-OM, which order is not now
subject to further review or collateral attack.
THEREFORE, in accordance with the provisions of the Rent
Stabilization 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 that the order of the Rent Administrator be and the same
hereby is, affirmed.
ISSUED:
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JOSEPH A. D'AGOSTA
Deputy Commissioner
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