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.: DJ430148RO
APPEAL OF
JENNIE LEBWOHL RENT ADMINISTRATOR'S
DOCKET NO.: BB430199OM
PETITIONER
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
The above named petitioner-owner timely filed a petition for
administrative review of a Rent Administrator's order bearing the-
above-referenced docket number which denied, in part, the owner's
application to increase the rents based upon a claim that a major
capital improvement was made to the building.
In the application, concerning the premises located at 105 East
63rd Street New York, NY, the owner requested a rent increase based
upon the installation of the following items at a total cost of
$32,836.00:
1) new controller/selector for elevator
2) elevator cab refurbishment
3) vandal proof push-button station for elevator, and
4) new roof
On October 2, 1989, the Rent Administrator granted, in part, the
owner's MCI application based on total approved costs of $17,000.00
finding that the owner was not entitled to receive a rent increase
for the following items:
1) cab refurbishment
2) vandal proof push-button station, and
3) new roof
The petitioner challenges the Rent Administrator's denial of the
items related to the elevator upgrading contending, in substance,
that the components of the installation meet the definitional
requirements of an MCI; and that the cab refurbishment was done in
conjunction with the elevator upgrading.
ADMIN. REVIEW DOCKET NO. DJ-430148-RO
In response to the owner's petition, the tenants contend, in
substance, that the amount claimed for the elevator cab
refurbishment seems excessive for the quality of the materials
used; that several tenants have not had the opportunity to review
the complete application below; that the light fixture in the
elevator is inadequate; that there is a lack of understanding with
respect to what constitutes "refurbishment"; that two (2) of the
tenants are Senior Citizens who have paid a certain amount towards
the elevator refurbishment; that said refurbishment constitutes
ordinary repairs and/or maintenance with no direct benefit to the
tenants; and that the owner is not maintaining building services.
After considering that portion of the record relevant to the issues
raised by this petition, the Commissioner is of the opinion that
the petition should be remanded to the Rent Administrator for
further processing in accordance with this order and opinion.
It appears from the record that the Administrator denied that
portion of the owner's application which pertain to cab
refurbishment and the installation of a vandal proof push-button
station based upon the conclusion that these components of the
elevator upgrading were not performed within a reasonable time
frame to have been considered as done in conjunction with the
installation of a new controller/selector, the main prerequisite of
an elevator modernization which also included new cables, door
operator, and car door tracks and hangers. Although the Rent
Administrator's order states that the controller/selector was
installed in 1983, the refurbishment in 1986 and the vandal proof
push-button station in 1985, a review of the record indicates that
the controller/selector was actually installed in October of 1985
and the other components of the elevator upgrading were contracted
for either while the work was in progress or completed within a
period of months sufficiently contemporaneous to the primary
installation as not to constitute piecemeal repairs.
Accordingly, the Commissioner deems it appropriate to remand this
proceeding to the Administrator for such further processing as may
be deemed necessary, upon notification to all tenants who should be
afforded a further opportunity to examine the record should they so
desire, and to issue such increases as may be found warranted in
order to effectuate the determination herein.
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ADMIN. REVIEW DOCKET NO. DJ-430148-RO
The Commissioner notes that this order and opinion is issued
without prejudice to the right of the tenants to file apartment
service complaints (individual repairs) or building-wide service
complaints (elevator light fixture) which may result in reductions
from the current rents, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the New York City Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted to
the extent of remanding this proceeding to the Rent Administrator
for such further processing as may be deemed necessary in
accordance with this order of the Commissioner.
ISSUED:
____________________
Joseph A. D'Agosta
Deputy Commissioner
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