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.:DE 110144-RT
JOANNE E. MURPHY DOCKET NO.:ZBD 110481-OM
ORDER AND OPINION PETITION FOR ADMINISTRATIVE REVIEW
On May 2, 1989 the above-named petitioner-tenant filed an administrative
appeal against an order issued on April 3, 1989 by the District Rent
Administrator (92-31 Union Hall Street, Jamaica, New York) concerning the
housing accommodations known as 13-18, 13-22, 13-26 and 13-32 Dickens
Street, Far Rockaway, New York, various apartments, wherein the
Administrator granted major capital improvements 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
on April 30, 1987.
On appeal, the petitioner-tenant raised issues for the first time and
shall not be considered for administrative review.
After 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: DE 110144-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