DA 120154 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 NO.: DA 120154-RT
OTTO RICHARD HADLER, DRO DOCKET NO.: BD 110502-OM
Premises: 31-88 35 Street
Apt. 5D, Astoria, N.Y.
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed a Petition for Administrative
Review of an order issued concerning the housing accommodations
relating to the above described docket number.
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 petition.
The owner commenced the proceeding below by filing an application
for a rent increase based on a major capital improvement, o wit-
windows.
Each tenant was served with a copy of the owner's application and
was afforded an opportunity to review it and comment thereupon.
The tenant interposed a response to the owner's application which
stated, the tenant's personal expenses, his income, and listed
various rent increases.
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 documenta
tion submitted by the owner, and allowing appropriate rent in
creases.
In its petition for administrative review, the tenant requests
review of the Rent Administrator's order and lists various
assertions, irrelevant to the Administrator's order, inter alia,
there had been burglaries and thefts during the past twenty two
years, had never met the owner, his income may not allow a higher
rent.
The owner interposed an answer to the tenant's petition contend
ing, that the tenant's objections to the Administrator's order
have no legal or factual foundation, that the tenant does not
challenge the cost or installation of the windows, and that the
Administrator's order should be sustained.
After careful consideration the Commissioner is of the opinion
DA 120154 RT
that this petition 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, 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 petitioner has failed to point to any error in fact or law in
the Administrator's order.
In regard to the tenant assertion that his income may not allow a
higher rent, the tenant is advised to contact the New York City
Department of Housing, Preservation and Development and apply for
the senior citizen rent increase exemption.
Pursuant to Chapter 737 of the Laws of 1986, effective September
1, 1986, a tenant of a rent-controlled or rent-stabilized
apartment in New York City who qualifies for a Senior Citizen Rent
Increase Exemption Order will be exempt from a rent increase
attributable to the installation of a major capital improvement
granted since the tenant's "Eligibility" date to the extent such
rent increases causes the tenant's rent to exceed mo e than one-
third of the tenant's monthly disposable household income.
The record in the instant case indicates that the owner correctly
complied with applicable procedures for a major capital improve
ment and the Rent Administrator properly computed the appropriate
rent increases. The tenant has not established that the increase
should be revoked.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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