DF 610270 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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:DF 610270-RT
:
RENT ADMINISTRATOR'S
HARRY BOBIS DOCKET NO.: ZBA 610040-OM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 21, 1989 the above-named petitioner-tenant filed an administrative
appeal against an order issued on May 23, 1989 by the District Rent
Administrator (Gertz Plaza, Jamaica, New York) concerning the housing
accommodations known as 254 East 202 Street, Bronx, New York, Apartment 4
D, wherein the Administrator granted major capital improvement (MCI) rent
increases for the stabilized apartments in the subject premises based on
the installation of windows (building-wide) and new roof at the premises.
The landlord commenced the proceeding below by filing its MCI application
in January 1987.
In response to the application, the petitioner filed an answer (dated
March 24, 1987) stating that new windows were not needed, and that the
owner neglected necessary electrical work to subject building.
The District Rent Administrator's order, appealed herein, stated that an
inspection conducted on February 3, 1989 reported that satisfactory
repairs were carried out in apartment 4D.
On appeal, the petitioner-tenant states, in substance, that repairs were
not made and problems remain and continue to worsen. In addition, the
petitioner stated that he has an application on file for a senior citizen
rent increase exemption.
In response to the petition, the owner submitted a statement from the
tenant, dated September 13, 1989, stating that the tenant did not have any
more complaints about the conditions in his apartment.
After careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
denied.
Rent increases for major capital improvements are authorized by Section
2522.4(a) of the current 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.
The tenant of apartment 4-D complained of neglected electrical jobs.
However, the inspection conducted on February 3, 1989 reported that
satisfactory electrical rapairs were made. In addition, a tenant who has
a valid Senior Citizen Rent Increase Exemption is exempt from that portion
of the MCI increase which causes the rent to exceed 1/3 of the total
household disposable income, and the Administrator's order stated so.
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, 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.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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