DOCKET NO.: CI 930126-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE APPEAL
APPEAL OF DOCKET NO. CI 930126-R0
: DRO DOCKET NO. WBL8-1006-OM
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On September 12, 1988, the above named petitioner Samson Management filed a
Petition for Administrative Review against an order issued on August 26,
1988, by the District Rent Administrator, 55 Church Street, White Plains
concerning housing accommodations known as Apartment various, at 40 Barker
Avenue, White Plains, NY 10601 wherein the District Rent Administrator
determined that the installation of emergency lighting fixtures did not
constitute a major capital improvement pursuant to the (ETPA) and Tenant
The issues in this appeal is whether the Rent Administrator erred in his
opinion that the lighting installation did not constitute a major capital
The applicable sections of the Rent and Eviction Regulations is Section
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 administrative appeal.
The owner (Samson Management) commenced this proceeding by filing an owner's
application for rent increase based on a major capital improvement for
installation of an emergency lighting fixture as a new service required by
local law the tenants opposed the increase stating that the new emergency
lighting should be considered the equivalent of regular maintenance.
In Order Number WBL 8-1-006-OM, the Rent Administrator determined that the
emergency lighting fixture does not constitute a major capital improvement.
In this petition, the owner contends that the Rent Administrator's Order is
incorrect and should be reversed because the installation of the emergency
lighting was the result of local law regulations by White Plains, NY making
such installation mandatory.
A review of the subject 72 unit building shows that at the time of the
installation between December 1986 and May 1987 there were 66 state
DOCKET NO.: CI 930126-RO
The installation considered at twenty-two (22) emergency fixtures made by
Dunbar Electric Co.
The light fixtures are hardwired with battery back-ups and were installed on
all floors including the basements.
The Commissioner is of the opinion that this petition should be granted.
The improvement meets the regulations requirement of being building-wide,
and required for the operation of the building by local law. It is a new
and necessary service to all the tenants.
THEREFORE, pursuant to the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted and the
District Rent Administrator's order be, and the same hereby is, modified to
include an increase for installation of the emergency hallway lights.
Specifically the Commissioner modifies the Rent Administrator's order
abinitio so as to provide for an additional increase for the installation of
permanent wired emergency hallway lighting (with battery backup), of 32
cents per room (formula utilized $4,316.81 cost divided by 60 months divided
by 227 rooms) effective retroactive September 1, 1988 (the first of month
after Administrator's original order).
Tenants shall be allowed to pay off the retroactive increase (51 months
between September 1988 and November 1992) by making twelve equal payments at
$1.30 per room (.32 per room X 51 months divided by 12 equal payments) on
the first of each from 1 December 1992 thru 1 August 1993.
The retroactive increase is in addition to the prospective increase of 32
cents per room effective September 1, 1992.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner