CK 610055-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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS. CK 610055-RT
CK 610171-RT
Rufina Cortes CK 610172-RT
Gloria Cruz
Elizabeth Justiniano DISTRICT RENT
ADMINISTRATOR'S
DOCKET NO. BD 630335-OM
PETITIONER
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenants timely filed Petitions for
Administrative Review against an order issued on November 5, 1988
by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning housing accommodations known as 2415 Morris
Avenue, Bronx, New York, various apartments, wherein the
Administrator authorized a major capital improvement rent
increase for both the controlled and stabilized apartments in the
subject premises based on the installation of a new
boiler/burner, intercom system, new roof and front entrance
doors. Said order was issued after a review of supporting
documentation submitted by the owner and the tenant responses
received thereto.
In three separately filed petitions for administrative review
(consolidated herein for disposition) the tenants request
reversal of the Administrator's order and allege, in substance,
that the work was not properly performed and that services are
not being maintained.
After a careful consideration of the entire record, the
Commissioner is of the opinion that these petitions should be
denied.
Rent increases for major capital improvements are authorized by
Section 2202.4 of the Rent and Eviction Regulations for rent
controlled apartments and Section 2522.4 of the Rent
Stabilization Code for rent stabilized 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. 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.
The Commissioner notes that the petitioners herein raised no
objections to the quality or adequacy of the installations while
this proceeding was before the Rent Administrator although they
CK 610055-RT
were afforded the opportunity to do so.
Accordingly, pursuant to prior administrative decisions under the
Rent and Eviction Regulations and pursuant to Section 2529.6 of
the Rent Stabilization Code the tenants' allegations may not be
considered now when offered for the first time on administrative
appeal. The Commissioner further notes that the records of the
Division disclose that no heat or hot water complaint or other
service complaints were pending nor were there any orders of rent
reduction of a building-wide nature in effect as of the issuance
date of the Administrator's order appealed herein.
The record in the instant case, which includes copies various
proposals, invoices, contractors' certifications, cancelled
checks and governmental approvals and sign-offs for the
installation and operation of the heating system, indicates that
the owner correctly complied with the applicable procedures for a
major capital improvement; and that the Rent Administrator
correctly computed the appropriate rent increases based on the
proven cost of the various improvements. The tenants have not
established that the increase should be revoked.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, and the Rent and Eviction Regulations
for New York City, it is
ORDERED, that these petitions be, and the same hereby are,
denied, and that the order of the Rent Administrator be, and the
same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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