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 ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: DJ110404RT
APPEAL OF
FREDERICK HECHT
RENT ADMINISTRATOR'S
DOCKET NO.: BA110047OM
PETITIONER
-------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenant timely re-filed an administrative
appeal against an order issued on August 9, 1989, by the Rent
Administrator (Gertz Plaza) concerning the housing accommodations
known as 43-25 Douglaston Parkway, apartment 4K, Douglaston, New
York, wherein the Rent Administrator granted a major capital
improvement (MCI) rent increase based upon the building-wide
installation of new windows in the subject premises at a total
approved cost of $49,200.00.
In this Petition for Administrative Review, the tenant request that
the Administrator's order be modified and contends, in substance,
that he is being charged $4.04 per room per month for four rooms
but the windows were installed in three rooms only as there was no
new installation in the living room; that the owner refused the
tenant's offer to pay in one payment for the entire cost of the
windows which were installed in his apartment; and that paying the
increase as ordered by the Administrator would increase the base
rent forever and in the end would cost much more than the owner's
total cost.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
Rent increases for major capital improvements are authorized by
Section 2522.4 of the 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.
ADMIN. REVIEW DOCKET NO. DJ-110404-RT
Regarding the tenant's contention that he is being charged for four
rooms while the windows were only installed in three rooms and that
the living room did not get any new windows, the record herein
discloses that the Administrator properly computed the increase on
a per room basis in accordance with the provision of the Code; and
that the tenant herein failed to raise any objections that the
window installations was not done apartment-wide while this
proceeding was before the Rent Administrator. Accordingly,
pursuant to Section 2529.6 of the Rent Stabilization Code, the
tenant's allegation in this regard may not be considered now when
raised for the first time on appeal.
As to the tenant's contention that the MCI rent increase should not
form a permanent part of the rent structure, the Commissioner notes
that the New York State Court of Appeals in the case of Matter of
Ansonia Residents Association v DHCR ruled that rent regulatory
laws mandate that the increase be permanent.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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
affirmed.
ISSUED:
____________________
Joseph A. D'Agosta
Deputy Commissioner
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