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 220392-RT
RUTH LEVY, DOCKET NO.:AH 230217-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 14, 1989 the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on April 3, 1989 by the Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York concerning the
housing accommodations known as 5118 14th Avenue, Brooklyn, New York,
Apartment 6B, wherein the Administrator authorized a major capital
improvement Rent increase of $4.23 per room, per month for the controlled
and stabilized apartments in the subject premises based on the
installation in 1981 of a new boiler/burner at a cost of $28,700.00.
The owner initiated the proceeding by filing an application for the M.C.I.
increase with the Administrator in August of 1986.
In this petition for Administrative Review, the tenant of Apartment 6B
contends that the order granting the rent increase should be reversed
since the new boiler was installed in 1981 but the owner applied for the
MCI increase in 1986 and under the Rent Stabilization Code the landlord
has only "four years" to apply for the MCI.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that this administrative appeal should be
The Commissioner notes that prior to August 1, 1987 there was no
limitation of time to file an application for a MCI increase. However for
applications filed August 1, 1987, or later, the application must be filed
no later than two years after completion of the installation.
The Commissioner finds that this Administrative Appeal should be denied,
as there is no basis in either the law or code supporting the tenant's
assertion on appeal.
THEREFORE, in accordance with the application 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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner