Adm. Rev. Docket Number: DG 210289-RT
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.: DG 210289 RT
BENJAMIN SMITH, DRO DOCKET NO.: CL 230218-OM
PETITIONER : Premises: 9111 CHURCH AVE.
------------------------------------X APT. 5J, B'KLYN, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a petition for administrative review of
an order issued concerning the housing accommodations relating to
the above-described docket number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the petition.
The owner commenced this proceeding by filing an application for a
rent increase based on a major capital improvements, to wit-new
Each tenant was served with a copy of the owner's application and
was afforded an opportunity to review it and comment thereupon.
The petitioner-tenant did not file an objection to the owner's
application although afforded the opportunity to do so. The record
discloses that various other tenants filed objections to the owner's
Thereafter, the Rent Administrator issued the order here under
review finding that the installation qualified as a major capital
improvement, determining that the application complied with the
relevant laws and regulations based upon the supporting
documentation submitted by the owner, and allowing appropriate rent
In its petition for administrative review, the tenant requests a
reversal of the Rent Administrator's order and contends that the
cost of the installation should not be paid by the tenants, service
has decreased and violations have increased, and the owner is
granted an increase while a rent overcharge determination had not
been paid back.
The owner interposed an answer to the tenant's petition, which
stated it had complied with all requirements to be eligible for rent
After careful consideration the Commissioner is of the opinion that
this petition should be denied.
Rent increases for major capital improvements are authorized by
Adm. Rev. Docket Number: DG 210289-RT
Section 2202.4 of the Rent and Eviction Regulations for rent
controlled apartments and Section 2522.4 of the Rent Stabilization
law for rent stabilized apartments. Under rent control, an increase
is warranted where there has been since July 1, 1970 a major capital
improvement required for the operation, preservation, or maintenance
of the structure. 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's reference to a rent overcharge determination had been
stayed by the filing of a petition from the owner, which was
determined subsequent to the instant appeal.
The Commissioner will not entertain the tenant's unsubstantiated
defense of decreased services raised for the first time on appeal,
even though it was afforded an opportunity to file an objection
before the Administrator. The record in the instant case indicates
that the owner correctly complied with application procedures for a
major capital improvement and the Rent Administrator properly
computed the appropriate rent increases. The tenant has not
established that the increase should be revoked.
This order is issued without prejudice to the tenants right to file
an application for decrease in services, should the facts so
THEREFORE, in accordance with the Rent Stabilization Law Code, and
the Rent and Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied and
that the Rent Administrator's order be, and the same hereby is,