STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BL210097RT
HEATHER HASANG RENT ADMINISTRATOR'S
DOCKET NO.: AL230280OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenant timely filed a petition for
administrative review against an order issued on November 27, 1987
by the Rent Administrator (Gertz Plaza), concerning the housing
accommodations known as 1362 Ocean Avenue, Brooklyn, New York,
wherein the Rent Administrator granted the owner's application for
a major capital improvement (MCI) rent increase based on the
installation of new windows building-wide.
In this petition the tenant states, in substance, that the newly
replaced kitchen window was broken due to a robbery; that said
window was not repaired until six months after the incident; and
that the owner should not be entitled to collect the authorized
rent increase for that period.
The Commissioner is of the opinion that this petition should be
Rent increases for major capital improvements are authorized by
Section 2522.4 of the Rent Stabilization Code for rent stabilized
units. 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. Piecemeal work or ordinary repairs
and maintenance does not constitute work for which a rent increase
adjustment is warranted under current and past procedures.
It is the established position of the Division that the
installation of new replacement windows to replace windows which
are 25 years old or older constitutes a major capital improvement
for which a rent increase adjustment may be warranted. The record
in the instant case indicates that the owner correctly complied
with the application procedures for a major capital improvement and
ADMIN. REVIEW DOCKET NO.: BL210097RT
that the Rent Administrator properly computed the appropriate rent
increases. The tenant's allegation with respect to the robbery
incident does not constitute a basis for barring the owner
entitlement to a major capital improvement rent increase.
Furthermore, the Commissioner notes that this tenant filed an
objection to the owner's application while this proceeding was
pending before the Administrator, but did not make any mention of
the issue which she now raises on appeal.
The Commissioner further notes that this tenant filed a complaint
of decreased services on December 21, 1987 which was denied on
November 10, 1988 under Docket Number BL210481S.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the petition for administrative review be, and the
same hereby is denied; and that the Administrator's order be, and
the same hereby is affirmed.
JOSEPH A. D'AGOSTA