STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
-------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: DC530100RO
DOCKET NO.: ZBJ530095OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 8, 1989, the above named petitioner-owner timely filed a
petition for administrative review (PAR) against an order issued on
February 6, 1989, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 624 West 207th Street, New York, New York, various
The owner commenced this proceeding on October 5, 1987, by filing
an application for a rent increase based on steam cleaning the
front of the building.
On February 6, 1989, the Rent Administrator denied the application
and stated that the work performed did not constitute a major
capital improvement, but rather repairs and maintenance.
On appeal, the petitioner-owner states, in substance, that the
installation does meet the criteria for an MCI rent increase and
cites three New York City Conciliation and Appeals Board (CAB)
decisions (Opinion numbers 12730,15660 and 22,357) in support of
After a careful consideration of the entire evidence of the record,
the Commissioner is of the opinion that this administrative appeal
should be denied.
The Commissioner finds that the Administrator's denial of the
owner's application was correct as steam cleaning alone cannot be
deemed an MCI. The cost for steam cleaning has been allowed where
(unlike here) it was done in conjunction with a comprehensive
building-wide pointing and waterproofing project, as was the case
in the three CAB opinion (opinion numbers 12730,15660 and 22,357)
cited by the owner. In this case there was no pointing and
waterproofing work done.
ADMIN. REVIEW DOCKET NO. DC-530100-RO
On the basis of the entire evidence of record, it is found that the
Administrator's order is correct and should be affirmed.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, the Rent and Eviction Regulations for
the City of New York, and Operational Bulletin 84-1, it is
ORDERED, that this Administrative Appeal be, and the same hereby is
denied; and that the Rent Administrator's order be, and the same
hereby is affirmed.
Joseph A. D'Agosta