STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:DD 110388-RT
GEORGE MOHR, DOCKET NO.: AI 130133-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 29, 1989 the above-named petitioner-tenant filed an
administrative appeal against an order issued on April 11, 1989 by the
District Rent Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning the housing accommodations known as 44-08 47th Avenue,
Woodside, New York, Apartment C5, wherein the Administrator granted major
capital improvement (MCI) rent increases for the controlled and stabilized
apartments in the subject premises based on the installation of aluminum
The landlord commenced the proceeding below by filing its MCI application
on September 26, 1986.
The 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 an opportunity to do so.
Thereafter, the Rent Administrator issued an order on April 11, 1989
finding that the installation qualified as a major capital improvement and
adjusting the rents accordingly.
On appeal, the petitioner-tenant states, in substance, that a rent
increase for window installation had been previously issued.
In response to the tenant's petition, the owner filed an answer stating,
in substance, that the MCI for the new windows in the building had not
previously been applied for.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
The tenant's allegation that a rent increase for window installation had
previously been granted is not supported by the evidence of record. In
addition, a check of Division records discloses that no rent increase
based on the installation of aluminum windows had been previously issued
for the subject premises.
DOCKET NUMBER: DD 110388-RT
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 the administrative appeal be, and the same hereby is denied;
and that the Administrator's order be, and the same hereby is affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner