DH 610349 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.: DH 610349 RT
SIMON SOLANO, DRO DOCKET NO.: BF 610090-OM
Premises: 2275 DAVIDSON AVENUE
APT. 3B, BRONX, NEW YORK
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 issues raised by the petition.
The owner commenced the proceeding below by filing an application
for a rent increase based on a major capital improvement, o wit-
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.
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 documenta
tion submitted by the owner, and allowing appropriate rent in
In his petition for administrative review, the tenant requests
reversal of the Rent Administrator's order and asserts that as a
new tenant paying a rent of $539.55, presumably is excessive
compared to the prior rent which was less than $300.00.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
Rent increases for major capital improvements are authorized by
Section 2202.4 of the Rent and Eviction Regulations for rent
controlled apartments and Section 2522.4 of the Rent Stabilization
Code 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, preserva
tion, or maintenance of the structure. Under rent stabilization,
DH 610349 RT
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 Commissioner will not entertain the tenant's assertions raised
for the first time on appeal.
In regard to the tenant's claim that the owner is collecting an
improper rent, the tenant is advised that the owner may be liable
for damages pursuant to a rent overcharge complaint filed with
this Division. However, such collection does not constitute an
error in the Administrator's order here under review.
THEREFORE, in accordance with the Rent Stabilization Law and 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,
JOSEPH A. D'AGOSTA