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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.: BG 610173-RT
: BG 610192-RT
MIGDALIA MONA and DRO DOCKET NO.: BS 000414-OM
MARIA GONZALEZ,
PETITIONERS :
------------------------------------X
ORDER AND OPINION DENYING ADMINISTRATIVE APPEALS
On July 8, 1987 and July 20, 1987 the above-named petitioner-tenants filed
Administrative Appeals against an order issued on June 29, 1987 by the
District Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 176 East 176th Street,
Bronx, New York, Apartments 3G and 2F.
The appealed order of the District Rent Administrator determined that the
owner's installation of building-wide aluminum replacement windows at a
cost of $99,792.00, constituted a Major Capital Improvement (MCI), which
warranted appropriate rent increases for rent controlled and rent
stabilized apartments.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the administrative appeals.
In their petitions, the tenants contend, in substance, that the windows
were improperly installed and that the owner had failed to make sundry
repairs.
In response, the owner asserted that the replacement windows were
installed properly and that it has always been willing to address known
service or repair complaints.
The Commissioner is of the opinion that the petitions should be denied.
Rent increases for MCI's are authorized by Section 2202.4 of the Rent and
Eviction Regulations for rent controlled apartments and Section 2522.4 of
the Rent Stabilization Law for rent stabilized apartments. Under rent
control, an increase is warranted where there has been since July 1, 1970
a MCI 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. In either case, the rent increase is computed based on an
amortization of the cost of the improvement.
DOCKET NUMBER: BG 610173-RT
The record in the instant case indicates that the owner properly complied
with the application procedures for a MCI and the District Rent
Administrator properly computed the appropriate rent increases. The
tenants have not established that the increases should be revoked.
Moreover, the file reveals that although there are sixty (60) apartments
in the subject building, none of the tenants timely responded to the
owner's MCI application.
The Commissioner notes that an administrative appeal is not a de novo
proceeding, but is limited to the issues and evidence before the
Administrator.
Accordingly, the issues raised by the petitioners cannot now be raised
for the first time on appeal.
However, this order and opinion is issued without prejudice to the
tenants' rights to file an application for a rent reduction due to a
diminution of service should the facts so warrant.
The Commissioner notes that in an order and opinion und r Docket No BG-
630171-RT issued on April 16, 1991, the Commissioner denied the
administrative appeals of other tenants of the subject premises wherein
similar objections to the District Rent Administrator's order were raised.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations for New York City, and the Rent Stabilization Law and Code, it
is
ORDERED, that these administrative appeals be, and the same hereby are,
denied and the order of the District Rent Administrator be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
