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.: BG 410246-RT
:
RENT ADMINISTRATOR'S
MURIEL HARRIS DOCKET NO.: USC 000464-OM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 20, 1987 the above-named petitioner-tenant filed an administrative
appeal against an order issued on July 14, 1987 by the District Rent
Administrator (92-31 Union Hall Street, Jamaica, New York, various
apartments, wherein the Rent Administrator granted major capital
improvement (MCI) rent increases for the rent controlled and rent
stabilized apartments in the subject premises based on the installation of
thermal replacement windows building-wide at the premises.
The owner commenced the proceeding below by filing with the Division on
October 3, 1985 a rent increase application for both the rent controlled
and rent stabilized apartments in the subject premises based on the
installation of thermal replacement windows.
In response to the application, a tenant, not the petitioner herein,
objected to the requested rent increase on the basis that it is a permanent
cost and will result in payments by the tenants exceeding the cost of the
windows.
On July 14, 1987 the Rent Administrator issued the order here under review
granting the major capital improvement (MCI) rent increase application for
the installation of thermal replacement windows, building-wide.
In this petition for Administrative Review, the tenant states that she
signed a petition objecting to a rent increase prior to the installation of
the windows, as she is a retired older person on a fixed income and
therefore, the Administrator erred in commenting that one tenant with a
non-relevant complaint objected to the increase.
After careful consideration of the entire evidence of record the
Commissioner is of the opinion that the Administrative appeal should be
denied.
It is the established position of the Division that the building-wide
installation of all apartment and/or public area windows to replace windows
which are 25 ore more years old (as in the instant case) constitutes a
major capital improvement for which a rent increase adjustment may be
warranted. The record discloses that the owner complied with the
applicable provisions for a MCI; and that the Administrator granted an
ADMIN. REVIEW DOCKET NO.: BG 410246-RT
appropriate rent increase based on the proven cost of the window
installation. The tenant's allegation that she objected in the proceeding
below is not supported by the record.
The Commissioner is not unmindful of the possibility that rent increases
may prove burdensome to some tenants. However, the Commissioner is
constrained by applicable statutory and regulatory provisions to grant such
increases as are warranted. The Commissioner notes that a senior citizen
with a valid Rent Increase Exemption Order is exempt from so much of the
increase as would cause the rent to exceed one-third of the tenant's
monthly disposable income. A tenant who may qualify for this benefit
should contact the New York City Department of the Aging.
Based on the entire record, the Commissioner finds that the Administrator's
order is correct and should be affirmed.
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:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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