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 DOCKET NO.: BK220184RT
APPEAL OF
NAFTALI KRAUS,
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO: EA230021OM
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenant timely refiled a petition for
Administrative Review (PAR) against an order issued on July 31,
1987 by the Rent Administrator (Gertz Plaza) concerning the housing
accommodation known as 5315 15 Avenue, Brooklyn, New York,
apartment 2K, wherein the Administrator determined that the owner
was entitled to a rent increase based on various major capital
improvements (MCI's).
The owner commenced this proceeding on Ma 1, 1986 by filing an
application for an MCI rent increase predicated on the cleaning and
lobby entrance door.
The Order of the Rent Administrator, appealed herein, granted in
part, the owner's application and authorized rent increases for the
rent controlled and rent stabilized apartments based upon total
approved costs of $78,075.00.
In this petition for administrative review, the tenant requests
modification of the Administrator's order and contends, in
substance, that the increase for windows does not apply to him
since said windows were already installed at the time of occupancy;
and that his lease does not mention anything about further
increases for major capital improvements that may have been applied
for. The tenant did not submit any copies of the relevant lease.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this petition should be
granted.
Firstly the commissioner notes that the tenant does not allege
that the Administrator erred in finding that the installations
involved herein qualified as MCI's for which the owner is entitled
to an appropriated adjustment in rents.
ADMIN. REVIEW DOCKET NO.: BK220184RT
A review of Division's records disclose that the window
installation was completed in December 1994 and that the
petitioner's vacancy lease was executed on March 1, 1985,
confirming the tenant's contention that he took occupancy after the
improvement was completed. The record further discloses that the
prior tenant of Apt 2K (Joseph Sion) was a rent controlled tenant.
The Commissioner notes that the petitioner is the first tenant to
occupy Apt 2K after it became subject to Rent Stabilization
jurisdiction. Since the free market rent charged to the first
stabilized tenant included any and all services the being provided,
the MCI rent increase provided for in the Rent Administrator's
order is not collectible from the first stabilized tenant or any
subsequent tenant of said apartment.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is,
ORDERED, that this petition be, and the same hereby i, granted; and
that the Rent Administrator's order be, and the same hereby is
modified to provide that the subject apartment is exempt from the
increase. The Administrator's order is hereby affirmed in all
other respects.
The owner is directed to refund to the tenant all excess rent
collected from the tenant arising as a result of this order and
opinion within 30 days from the issuance date indicated herein
below.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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