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 430437-RT
                                         :  
         BONITA BESS RUBENSTEIN &           RENT ADMINISTRATOR'S
         JUDITH JANUS &                     DOCKET NO.:CL 430033-OM
         VARIOUS TENANTS,  PETITIONERS   : 
     ------------------------------------X                             

                  ORDER AND OPINION REMANDING PROCEEDING ON APPEAL

     On May 22, 1989 the above-named petitioners filed an Administrative Appeal 
     against an order issued on May 1, 1989 by the District Rent Administrator 
     (Gertz Plaza, Jamaica, New York) concerning the housing accommodations known 
     as 165 West 82nd Street, New York, New York, Various Apartments.

     The District Rent Administrator's order, appealed herein, granted the 
     owner's application for a rent increase based upon the installation of new 
     electrical service (rewiring) at a total cost of $12,485.00 and contained 
     the notations that no tenants' answers were received, following initial 
     service.

     On appeal, the petitioners-tenants request a reversal of the order and 
     contend, in substance, that they have been denied their right of due process 
     to be heard since they submitted a request by certified mail for additional 
     time to answer yet an order was issued granting the MCI and stating that "no 
     tenants answers were received."

     In response to the tenants' petition herein, the owner filed an answer, 
     stating, in substance, that the petition should be denied since a request 
     for a 90 day extension is not reasonable and the tenants still have not 
     raised any substantive objections to the applications for the rent increase.  
     The owner also states that the application was based upon the installations 
     of building-wide electrical service and it submitted to the DHCR all 
     required documents including a Certificate of Electrical Inspection as 
     issued by the Bureau of Electrical Control of the City of New York.

     In reply to the owner's response to the petition, the tenants reiterated 
     that they have been denied due process and alleged that there has been no 
     improved electrical service in their apartments.

     After a careful consideration of the entire evidence of record the 
     Commissioner is of the opinion that the proceeding should be remanded to the 
     District Rent Administrator for further consideration with the tenants given 
     an opportunity to comment upon the owner's application.

     The Commissioner notes that the tenants submitted copies of a receipt for 
     certified mail, #P 424 580793, and a return receipt stamped and signed as 
     received by DHCR on March 24, 1989, approximately one months prior to the 
     issuance of the Administrator's order.








          DOCKET NUMBER: DE 430437-RT
     With regard to the tenants' allegations that there has been no improved 
     electrical service in their apartments, the record indicates that the 
     contract/evidence submitted does not adequately substantiate that all the 
     requirements to be eligible for a major capital improvement were met.

     The requirements to be eligible for a MCI for rewiring are as follows: 1) 
     new electrical service (capacity) has been installed building-wide, with 
     risers and feeders 2) previous wiring was exhausted its expected useful life 
     3) new copper risers and feeders must extend from the property box to box in 
     each housing accommodation 4) wiring must have sufficient capacity (220) 
     volts to accommodate the installation of air conditioning circuits in living 
     room and/or bedroom in each housing accommodations 5) all electrical outlets 
     must be operable.

     On remand, the Administrator should ascertain whether the rewiring work 
     performed at the subject premises qualifies for treatment as a MCI after 
     affording the tenants a final opportunity to submit their responses to the 
     owner's application.

     THEREFORE, in accordance with the provisions of the Rent Stabilization Law 
     and Code, and the Rent and Eviction Regulations for New York City, it is

     ORDERED, that this administrative appeal be, and the same hereby is, granted 
     to the extent of remanding this proceeding to the Rent Administrator for 
     further processing in accordance with this order and opinion.  The order and 
     determination of the Rent Administrator remains in full force and effect 
     until a new order is issued upon the remand.

     ISSUED:







                                                                   
                                          JOSEPH A. D'AGOSTA
                                      Acting Deputy Commissioner




                                                    
      
    

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