ADM. REVIEW DOCKET NO. CC810139RT
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
APPEAL OF DOCKET NO. CC810139RT
DISTRICT RENT
ANNA SUSSMAN, ADMINISTRATOR'S DOCKET
NO. BI830010OM
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 21, 1988, the above-named tenant filed a petition for
administrative review of an order issued on February 29, 1988 by a
Rent Administrator concerning the housing accommodation known as
Apartment C8, 86 Convent Place, Yonkers, New York.
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 in the petition for review.
The owner commenced the proceeding on September 15, 1987 by
filing an application for a rent increase based on a major capital
improvement (M.C.I.) for the installation of a new roof and
intercom system, at a total cost of $32,551.00.
The Administrator's order under review herein determined that
the installations qualified as a major capital improvement, and
allowed for appropriate rent increases.
In the petition for administrative review, the subject tenant
asserts, among other things, that the work on the roof and the
intercom system constitute repairs, and not a major capital
improvement, and that the M.C.I. rent increase in this proceeding
"follows within a very short time a similar pass-along increase to
the tenants for another repair, a new boiler."
After careful consideration, the Commissioner is of the
opinion that this petition should be denied.
ADM. REVIEW DOCKET NO. CC810139RT
The Commissioner finds that the work done in the subject
premises constituted a major capital improvement within the purview
of the Emergency Tenant Protection Act of 1974 and the State Tenant
Protection Regulations. The work was required for the operation,
preservation, and maintenance of the structure. The Commissioner
further finds that the work done was not mere repairs, but was work
which materially added to the value of the subject premises, and
appreciably prolonged its life.
The Commissioner finds that the issue of the boiler is an
impermissible collateral attack of the rent agency's determination
in a separate proceeding.
Accordingly, the Commissioner finds that the Administrator's
order should be affirmed.
THEREFORE, in accordance with the provisions of the Emergency
Tenant Protection Act of 1974 and the State Tenant Protection
Regulations, 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:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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