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 430437-RT
BONITA BESS RUBENSTEIN & RENT ADMINISTRATOR'S
JUDITH JANUS & DOCKET NO.:CL 430033-OM
VARIOUS TENANTS, PETITIONERS :
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
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
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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner