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
-------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: DB410255RT
APPEAL OF
JODI WEISS
RENT ADMINISTRATOR'S
DOCKET NO.: BC410231OM
PETITIONER
-------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 17, 1989 the above-named petitioner-tenant timely filed
a petition for administrative review (PAR) of an order issued on
January 18, 1989, by a Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York concerning the housing accommodations known as
112 West 80th Street, New York, New York, apartment 2F, wherein the
Rent Administrator determined that the owner was entitled to a rent
increase based on a major capital improvement (MCI).
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 for administrative review.
The owner commenced this proceeding by filing a major capital
improvement rent increase application on March 26, 1987 predicated
on the installation of a new gas burner at a total claimed cost of
$5,100.00.
On January 18, 1989, 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 authorizing rent
increases for rent stabilized apartments.
In this petition for administrative review the tenant alleges ,in
substance, that the tenant's lease commenced on February 22, 1988
and she therefore should not be subject to any retroactive
increase.
In answer to the tenant's petition the owner states ,in substance,
that the tenant was not charged for the MCI increase; that the
tenant's rent was not increased; and that the tenant was charged no
retroactive rent.
ADMIN. REVIEW DOCKET NO. DB-410255-RT
After careful consideration the Commissioner is of the opinion that
this petition should be denied.
Rent increases for major capital improvements are authorized by
Section 2522.4 of the Rent Stabilization Code for rent stabilized
apartments. 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.
Section 2529.1 of the Rent Stabilization Code provides in pertinent
part that a petition for administrative review must allege the
errors upon which the Rent Administrator's order is based. In the
instant proceeding, the tenant does not allege any such errors.
The tenant rather assert that she should not be responsible for
retroactive payments concerning a period prior to her occupancy of
the subject apartment. The owner denies that he has charged the
tenant for the MCI. This order and opinion is issued without
prejudice to the tenant's right to file an overcharge complaint
with the Division in which she may claim that the owner has charged
her in excess of the rent he is lawfully entitled to.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the Administrative Appeal 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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