DC 210106 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.: DC 210106 RT
TADEUSZ MIELNIK, DRO DOCKET NO.: BB 210133-OM
Premises: 880 47TH STREET
PETITIONER APT. 9A, BROOKLYN, N.Y.
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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 petitioner-tenant did not file an objection to the owner's
application although afforded the opportunity to do so.
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
modification of the Rent Administrator's order and asserts that he
had renovated various items of the apartment himself and that it
is unjust to pay five hundred dollars a month rent.
The owner interposed an answer to the tenant's petition contending
that the rent increases added to the prior rent were proper when
the petitioner-tenant signed his vacancy lease.
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 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
DC 210106 RT
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 fails to point to any error in law or fact in the
Administrator's order.
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 modified.
THEREFORE, in accordance with the Rent Stabilization Law and 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:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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