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.: CI210099RT
JOEL AND SHARON PEKULY
DOCKET NO.: BB230109OM
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenants timely filed an administrative
appeal against an order issued on June 15, 1988 by the Rent
Administrator (92-31 Union Hall Street, Jamaica, NY) concerning the
housing accommodations known as 368 97th Street, Apt. 3C, Brooklyn,
NY, wherein the Administrator granted major capital improvement
(MCI) rent increases for the controlled and stabilized apartments
in the subject premises based on the installation of new windows at
On appeal, the petitioner-tenants state, in substance, that they
moved into their apartment in 1984; the new windows were installed
and the cost of these windows was calculated into their initial
rent; their vacancy lease commenced on October 1, 1984 (a copy of
which was submitted) and states "Landlord has ordered and will
install new thermal windows throughout the apartment"; and when the
new windows were installed in the rest of the building, no work was
done in their apartment as they already had thermal windows in
their apartment for over two years.
In response, the owner contends, in substance, that the tenants'
petition has no merit.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be granted.
The evidence of record indicates that the petitioners began
occupancy of the subject apartment pursuant to a two year vacancy
lease commencing October 1, 1984 and that said lease contained a
provision stating that the owner had ordered and would install new
thermal windows in the subject apartment.
ADMIN. REVIEW DOCKET NO. CI210099RT
The owner's MCI application indicates that the contract for the
building-wide window installation wasn't even entered into until
October 6, 1986, and that the work was completed in December of
1986. Accordingly, the Commissioner finds that the MCI rent
increase should not apply to the subject apartment as the tenants'
initial rent included new thermal windows which were installed
prior to and were not a part of the MCI installation.
This order and opinion is issued without prejudice to the tenants'
right to file for a rent overcharge complaint, if the facts so
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same hereby
is, granted, and that the Administrator's order be, and the same
hereby is, modified as hereinabove indicated. The owner is
directed to credit any excess rent collected as a result of this
order at the rate of 20% per month commencing on the first rent
payment date after issuance of this order of the Commissioner until
all overpayments have been refunded.
Joseph A. D'Agosta