Adm. Review Docket No: CG 930150-RT
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. CG-930150-RT
:
M.A.K. ENTERPRISES, INC.,- Owner DRO DOCKET NO. MAL-8-3-0017 OM
PETITIONER : TENANT: SHIRLEY PATTERSON
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 18, 1988, the above-named petitioner filed a Petition for
Administrative Review against an order issued on June 14, 1988 by
the Rent Administrator, 55 Church Street, White Plains, New York
concerning the housing accommodations known as 105 South Fulton
Avenue, Apartment E-9, Mount Vernon, New York wherein the
Administrator determined that the owner was entitled to a rent
increase based on a major capital improvement.
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 petition for review.
The owner commenced this proceeding on December 16, 1986 by filing
an application for a rent increase based on a major capital
improvement consisting of waterproofing and pointing at a total
cost of $27,300.00.
The owner certified that on January 28, 1987, it served each tenant
with a copy of the application and placed a copy of the entire
application including all required supplements and supporting
documentation with the resident superintendent of the subject
building.
Although afforded the opportunity to do so, the tenant did not file
an objection to the owner's application.
On June 14, 1988, the Rent Administrator issued the order here
under review finding that the installation qualified as a major
Capital improvement, 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 controlled and rent stabilized apartments.
In the petition for administrative review, the tenant requests
reversal of the Administrator's order and alleges that improper
water proofing has caused mildew and chipped paint on the
apartment's walls.
In answer to the petition, the owner alleges defects in a small area
have been corrected.
The Commissioner is of the opinion that this petition should be
denied.
Adm. Review Docket No: CG 930150-RT
The record in the instant case indicates that the owner correctly
complied with the application procedures for a major capital
improvement and the Administrator properly calculated the
appropriate rent increases. The tenant has not established that the
increase should be revoked. Neither the tenant who filed the
instant petition nor any other tenant raised any problems regarding
the waterproofing when the matter was before the Administrator. The
tenant had ample opportunity to bring any defects to the attention
of the owner and the Administrator. The tenant did not make any
complaints.
Accordingly, the Commissioner finds it is inappropriate to consider
for the first time in this administrative appeal the tenant's
allegation that the waterproofing is defective. Furthermore, the
tenant did not reply to the owner's assertion that minor defects had
been corrected.
This order is without prejudice to the tenant's right to file a
complaint of decreased services, if the facts so warrant.
THEREFORE, in accordance with the Tenant Protection Regulations and
the Rent and Eviction Regulations for the State of New York, it is
ORDERED, that this petition be, and the same hereby is, denied and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
