DOCKET NUMBER : DE 210153-RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:DE 210153-RT
:
RENT ADMINISTRATOR'S
MARTA TRZCIALKOWSKA DOCKET NO.:ZAE 230176-OM
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 1, 1989 the above-named petitioner-tenant filed an administrative
appeal against an order issued on April 4, 1989 by the District Rent
Administrator (92-31 Union Hall Street, Jamaica, New York) concerning the
housing accommodations known as 44 Driggs Avenue, Brooklyn, New York,
Apartment 2-R, 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 windows at
the premises.
The landlord commenced the proceeding below by filing its MCI application
on May 14, 1986.
On appeal, the petitioner-tenant states, in substance, that she has had
rent increases of 25% within a five month period.
In response to the petition, the owner filed an answer stating, in
substance, that the increases in question were granted to the owner over a
three year period. In addition, the owner submitted copies of MCR
(Maximum Collectible Rent) notices which provided for the rent increases.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
denied.
The record discloses that the owner completed the installation of windows
which qualifies as a major capital improvement, and that the increase
authorized by the Administrator was computed on the basis of the
substantiated cost. The Commissioner finds that the tenant's objection
does not constitute a bar to an owner obtaining a major capital
improvement rent increase. The Commissioner notes that the
Administrator's order limits collection of the rent increase granted to
15% (for rent-controlled tenants) of the current rent in any 12-month
period.
The determination herein is without prejudice to the right of the tenant
to file an appropriate complaint of rent overcharge with the Division of
Housing and Community Renewal.
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
DOCKET NUMBER : DE 210153-RT
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 the Administrator's order be, and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|