DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NOS.: CB130207RT;
APPEALS OF CC110291RT
NORMA STRAUSS AND JULIAN
J. PIMENTEL,
RENT ADMINISTRATOR'S
PETITIONERS DOCKET NO.: AH110006OM
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On various dates the above-named petitioner-tenants filed petitions
for administrative review (PARs) of an order issued on February 3,
1988, by the Rent Administrator, concerning the housing
accommodations known as 31-16 68th Street, Woodside, NY, Apartments
4J and 4L, wherein the Administrator granted, in part, the owner's
application for a rent increase which was based on the installation
of various major capital improvements (MCIs).
The Commissioner deems it appropriate to consolidate these
petitions for disposition since they pertain to the same order and
involve common issues of law and fact.
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 these administrative appeals.
The owner commenced this proceeding on August 5, 1986, by filing an
application for a rent increase which was based on the installation
of an oil burner, heat timer, roof and pointing, at a total claimed
cost of $55,132.00.
The tenants were served with a copy of the application and afforded
an opportunity to respond. Several tenants did answer and either
conceded that the improvements had been made or raised no relevant
objection to the installations. No answer was received from either
of the petitioners.
In Docket No. AH110006OM, issued February 3, 1988, the Rent
Administrator partially approved the owner's MCI application by
authorizing a rent increase of $3.61 per room, per month, for all
rent controlled and rent stabilized apartments in the subject
building predicated on the installation of an oil burner, roof and
pointing, which work was found to qualify as an MCI.
In these petitions for administrative review, the petitioners
ADMIN. REVIEW DOCKET NO. CB130207RT
contend, in substance, that there are still many leaks throughout
the building, no one saw a new roof being installed and the
pointing work seems to be less than the owner claimed.
The owner responded by submitting a statement from Norma Strauss,
Apartment 4J, stating that the pointing work had in fact been
performed and that she formally withdraws her petition for
administrative review. The owner also responded that the
allegations of the other tenant, Julian J. Pimentel, Apartment 4L,
were untrue and that the owner submitted a complete MCI
application, complying with all state laws and containing all
required supporting documentation including city and state permits,
along with photographs of the roof and pointing installations.
After a careful consideration of the entire record the Commissioner
is of the opinion that these petitions should be denied.
The Commissioner notes that neither petitioner raised any
objections to the installations, while this proceeding was before
the Rent Administrator, although afforded the opportunity to do so.
Accordingly, 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 complaints 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
order appealed herein.
Based on the entire evidence of record, the Commissioner finds that
the Administrator's order is correct and should be affirmed.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Code, it is
ORDERED, that these petitions be and the same hereby are, denied
and that the order of the Rent Administrator be, and hereby is,
affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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