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.: CE220109RT
DOCKET NO.: AD230213OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 20, 1988, the above named petitioner-tenant timely filed a
petition for administrative review (PAR) against an order issued on
April 15, 1988, by a Rent Administrator (92-31 Union Hall Street,
Jamaica, New York) concerning the housing accommodations known as
36 Crooke Avenue, Apt. E-6, Brooklyn, NY 11226.
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 PAR.
The owner commenced this proceeding on April 22, 1986, by initially
filing a major capital improvement (MCI) rent increase application
predicated on the installation of aluminum windows building-wide at
a total cost of $67,520.00.
The tenant objected to the owner's application alleging a defective
window installation. However, on October 9, 1987 the owner
submitted a letter, dated August 14, 1987, signed by the tenant
wherein the tenant certified that the window defects had been
corrected to her satisfaction, and that she was withdrawing the
On April 15, 1988, the Rent Administrator issued the order here
under review, finding that the window 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 authorizing rent increases for rent
controlled and rent stabilized apartments.
ADMIN. REVIEW DOCKET NO. CE-220109-RT
In this Petition for Administrative Review, the tenant requests
reversal of the Rent Administrator's order and alleges, in
substance, that the window installation is defective as she
experiences drafts and has had to apply tape to said windows. The
tenant also contends that a rent adjustment was given for the
previously installed storm windows.
In response to the tenant's PAR, the owner contends, in substance,
that the tenant had withdrawn her window complaint, and that the
tenant was never charged for storm windows.
The Commissioner is of the opinion that this petition should be
Rent increases for major capital improvements are authorized by
Section 2202.4 of the Rent and Eviction Regulations for rent
controlled apartments. Under rent control, an increase is
warranted where there has been since July 1, 1970, a major capital
improvement required for the operation, preservation, or
maintenance of the structure.
It is the established position of the Division that the work
performed meets definitional requirements of an MCI for which a
rent increase may be warranted. The record shows that the owner
submitted copies of the contract, contractor's certification and
cancelled checks which indicates that the owner correctly complied
with the applicable procedures for an MCI rent increase, and that
the increase was properly computed based on the proven cost of the
The Commissioner notes, as confirmed by the record, that the issues
raised by the petitioner-tenant are the same as those raised by
said tenant before the Rent Administrator. However, while the
proceeding was pending before the Administrator the tenant
confirmed that all window defects had been corrected and withdrew
her complaint. Accordingly, the Commissioner is constrained to
foreclose consideration of these issues in this appeal proceeding.
This order and opinion is issued without prejudice to the tenant's
right to file a service diminution complaint with this Division for
any current defective window conditions, if the facts so warrant.
ADMIN. REVIEW DOCKET NO. CE-220109-RT
With regard to the tenant's contention that she is still paying a
rent increase for previously installed storm windows, the
Commissioner notes that the tenant has not submitted any evidence,
either in the proceeding before the Administrator or on appeal, to
substantiate this claim, furthermore, it is established Division
policy not to allow a rent offset where such storm windows are over
15 years old and have exhausted more than 75% of their useful life
justifying the installation of thermal windows in lieu thereof.
This order and opinion is also issued without prejudice to the
tenant's right to file a rent overcharge complaint, if the facts so
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this Administrative Appeal be, and the same hereby is
denied; and that the Administrator's order be, and the same hereby
Joseph A. D'Agosta