DOCKET NOS. CL 210156-RT, CL 210330-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
APPEAL OF DOCKET NOS.: CL 210156-RT
CL 210330-RT
JEANNIE TROYANSKY,
BERNARD & MARGARET MULLIN, DRO DOCKET NO.: BB 230016 OM
Premises: 15 & 35 Oliver Street
Apts. 3B, 5H, Brooklyn, N.Y.
PETITIONERS
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named tenants filed Petitions for Administrative Review
of an order issued concerning the housing accommodations relating
to the above described docket numbers.
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 petitions.
The owner commenced the proceeding below by filing an application
for a rent increase based on various major capital improvements,
to wit-adequate wiring, plumbing.
Each tenant was served with a copy of the owner's application and
was afforded an opportunity to review it and comment thereupon.
Both petitioner-tenants interposed answers to the owner's applica
tion. One tenant asserts, that plumbing was performed to make the
apartments saleable for co-oping, that all new bathrooms were
installed in vacant apartments where as, just new toilets were
installed in all apartments, and were unnecessary, and that the
installation of wiring was unnecessary. The other tenant asserts
that the rent increase is not warranted, and that she is a senior
citizen with a limited income.
Thereafter, the Rent Administrator issued the
order here under review finding that the installation qualified as
a major capital improvement, determining that the application
complied with the relevant laws and regulations based upon the
supporting documentation submitted by the owner, and allowing
appropriate rent increases.
In its petition for administrative review, the tenant requests a
review of the Rent Administrator's order and alleges that the
order was warranted and should be affirmed.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
DOCKET NOS. CL 210156-RT, CL 210330-RT
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
law 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, preserva
tion, 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 will not entertain the tenant's unsubstantiated
defense raised for the first time on appeal, even though it was
afforded an opportunity to file an objection before the Ad
ministrator. The record in the instant case indicates that the
owner correctly complied with application procedures for a major
capital improvement and the Rent Administrator properly computed
the appropriate rent increases. The tenant has not established
that the increase should be revoked.
This order is issued without prejudice to the tenants right to
file an application for decrease in services, should the facts so
warrant.
THEREFORE, in accordance with the Rent Stabilization Law Code, and
the Rent and Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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