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.:
BI130150RT
GEORGE SEIMAN RENT ADMINISTRATOR'S
DOCKET NO.:AG130002OM
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On September 1, 1987, the above named tenant filed a petition for
administrative review (PAR) of an order issued on July 31, 1987 by
a Rent Administrator concerning the housing accommodations known as
various apartments, 21-15 27th Street, Astoria, New York, wherein
the Administrator granted the owner's Major Capital Improvement
(MCI) rent increase application based upon the installation of a
new roof and waterproofing building-wide at a total claimed cost of
$15,260.00.
The Commissioner has reviewed all the evidence of record and has
carefully considered that portion of the record relevant to the
issues raised by the PAR.
In his petition the tenant questions an apparent discrepancy
between the purported 1984 installation completion date appearing
on the owner's original application and the contract for the work
itself which is dated 1985.
After careful consideration of the entire record, the Commissioner
is of the opinion that the petition should be granted and that the
Rent Administrator's order should be revoked.
It has been the long established position of this Division (and of
the New York City Conciliation and Appeals Board, the agency
formerly charged with enforcing the rent stabilization laws) that
waterproofing by itself is a non-structural improvement which does
not qualify as an MCI rent increase. Accordingly, the Commissioner
finds that the Administrator improperly granted a rent increase for
the waterproofing work.
Section 2528.4 of the Rent Stabilization Code and Policy Statement
90-9 state that an owner is required to file with this Division an
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ADM. REV. DOCKET NO.: BI130150RT
initial (1984) registration as well as annual rent registrations
for both the building and the individual apartments, and the
failure to do so shall bar an owner from applying for and
collecting a rent increase in excess of the legal regulated rent.
The filing of a late registration shall result in the prospective
elimination of such sanction. In this regard, Division records
indicate that the subject premises has not been registered with
this Division for the years 1986, 1987, 1988, 1992 and 1993.
Accordingly, the Commissioner finds that the Administrator should
not have approved the owner's application.
Finally, the Commissioner notes that the owner's application
contains serious discrepancies and omissions: the contractor's
certification states that the contract was executed on August 25,
1984 and that the work began in October 1984 and was completed in
November 1984, but the underlying contract is dated August 25, 1985
and signed August 2, 1985; the contractor's signature on the
contract does not match the contractor's signature on the
certification or the waterproofing statement; the copy of check
#1305 is dated November 5, 1984, but endorsed by the bank on
October 7, 1984; and on the agency's RA-79 supplement I form, the
question regarding whether a relationship existed between the owner
and contractor was left blank.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, and the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted,
that the order of the Rent Administrator and the rent increase
provided for therein be, and the same hereby is revoked; and it is
further
ORDERED, that the owner refund to the tenants of rent controlled
apartments any excess rent collected as a result of this order,
within 30 days from the date of issuance hereof; and it is further
ORDERED, that as to tenants of rent stabilized apartments, the
owner credit any excess rent collected at the rate of 20% per month
commencing on the first rent payment date after issuance of this
order of the Commissioner until all overpayments have been
refunded.
ISSUED:
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LULA M. ANDERSON
Deputy Commissioner
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