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 NO.: BG 130343-RO
DRO DOCKET NO.: ZAH 130007-OM
JOHN D. BELANICH,
ORDER AND OPINION GRANTING IN PART ADMINISTRATIVE APPEAL AND
REMANDING PROCEEDING ON APPEAL
On July 10, 1987 the above-named petitioner-owner filed an Administrative
Appeal against an order issued on June 30, 1987 by the District Rent
Administrator (Gertz Plaza, Jamaica, New York) concerning the housing
accommodations known as 37-50 81st Street, Jackson Heights, New York,
Various Apartments, wherein the Administrator denied the owner's
application for major capital improvement (MCI) rent increases for the
stabilized and controlled apartments in the subject premises.
The owner commenced the proceeding below by filing its MCI application
with the Administrator in February of 1987 based on the waterproofing and
pointing of the premises.
The District Rent Administrator's order, appealed herein, determined that
the work herein did not constitute an MCI.
On appeal, the petitioner-owner submitted an affidavit from its contractor
in which the contractor stated, in substance, that he examined the entire
exterior wall area of the subject premises and, based upon such
examination, waterproofed and pointed all areas where it was required.
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 this proceeding remanded to the Administrator for
further processing in accordance with this order and opinion.
The record discloses that the owner substantiated his MCI application in
the proceedings below by submitting documentation in support of the
application, including the contractor's affidavit and certification,
proposal, diagram, and cancelled checks for the work in question. This
documentation indicates that approximately 2,500 square feet of the
subject 16-unit building was waterproofed/pointed and that this work was
done on all the areas where necessary.
Thus, this proceeding should be remanded to the Administrator for
completion of processing of the owner's application.
DOCKET NUMBER: BG 130343-RO
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 the Administrative appeal be, and the same hereby is granted
to the extent of remanding this proceeding to the Administrator for
further processing in accordance with this order and opinion. The order
and determination of the Administrator remains in full force and effect
until a new order is issued upon remand.