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 130408-RT
FELISISIMO BARROS DOCKET NO.:BD 110481-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 26, 1989 the above-named petitioner-tenant filed an
administrative appeal against an order issued on April 3, 1989 by the
District Rent Administrator (Jamaica, New York) concerning the housing
accommodations known as 13-18, 13-22, 13-26, 13-32 Dickens Street, Far
Rockaway, New York, various apartments, wherein the Administrator granted
major capital improvement (MCI) rent increases for the stabilized
apartments in the subject premises based on the installation of windows,
roof and oil burner at the premises.
The landlord commenced the proceeding below by filing its MCI application
in April 30, 1987.
On appeal, the petitioner-tenant states, in substance, the replacement of
windows, building wide was unnecessary improvement. New roof was an
unnecessary improvement. Boiler was the owner's responsibility.
The issues raised by the petitioner are for the first time and shall not
be considered for administrative review.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
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.
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
DOCKET NUMBER: DD 130408-RT
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