STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: DJ210409RT
James Budgell & Patricia Budgell,
PETITIONER DOCKET NO: AK210136OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 27, 1989 the above-named petitioner-tenants timely
refiled a petition for administrative review of an order issued May
30, 1989, by a Rent Administrator, 92-31 Union Hall Street,
Jamaica, NY, concerning the housing accommodations known as 2922
Fort Hamilton Pkwy, Brooklyn, New York, Apartment 2F wherein the
Rent Administrator determined that the owner was entitled to a rent
increase based on the installation of a major capital improvement
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 for administrative review.
The owner commenced this proceeding on November 10, 1986, by
initially filing a major capital improvement rent increase
application predicated on the installation of new windows at a
total cost of $6,150.00.
The petitioner-tenants did not file an objection to the owner's
application although afforded the opportunity to do so.
On May 30, 1989, 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 regulation based upon the supporting
documentation submitted by the owner, and authorizing rent
increases for rent stabilized apartments.
In this petition the tenants contend, in substance, that further
review of the proceeding should be done.
After careful consideration of the entire record, the
Commissioner's of the opinion that this petition should be denied.
Adm. Rev. Docket No. DJ210409RT
Rent increases for MCIs 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 Review code, other than for ordinary
repairs; required for the operation preservation and maintence of
the structure; and replace an item whose useful life has expired.
In the instant case, the petitioner-tenants fail to allege any
errors upon which the administrator's order was based. As such,
there is no issue for determination in this proceeding.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code it is
ORDERED, that this petition be, and the same hereby is denied, and
that the order of the Rent Administrator be, and the same hereby is
JOSEPH A. D'AGOSTA