STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
-------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: BJ130076RT
DOCKET NO.: ZAI130142OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 7, 1987, the above named petitioner-tenant timely filed
a petition for administrative review (PAR) against an order issued
on October 2, 1987, by a Rent Administrator concerning the housing
accommodations known as 144-41 Roosevelt Ave., Apt. 1C, Flushing,
NY, wherein the Rent Administrator determined that the owner was
entitled to a rent increase based on the installation of a major
capital improvement (MCI).
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 this administrative appeal.
The owner commenced this proceeding on September 19, 1986, by
filing an application for a rent increase based on the installation
of the following MCI at a total cost of $53,120.00: new prime
The tenant objected to the owner's MCI application, alleging that
the increase is unaffordable; that the new windows are the only
improvement made by the owner; and questioning whether or not the
owner is entitled to the increase.
The owner did not respond to the tenant's objections.
On October 2, 1987, the Rent Administrator issued the order here
under review finding that the installation qualified as an MCI,
determining that the application complied with the relevant laws
and regulations based upon the supporting documentation submitted
by the owner, and allowing appropriate rent increases for rent
ADMIN. REVIEW DOCKET NO. BJ-130076-RT
In this petition, the petitioner merely resubmitted the complaints
previously brought to the attention of the Rent Administrator in
the proceeding below. No issues regarding any error in fact or law
have been submitted which would merit the scrutiny of the
Commissioner at this time.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
Rent increases for major capital improvements are authorized by
Section 2522.4 of the Rent Stabilization Code for rent stabilized
apartments. 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.
The evidence of record in the instant case indicates that there
were no pertinent complaints raised on appeal which would merit any
modification of the Rent Administrator's order herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
Joseph A. D'Agosta