DK 110156 RT, DK 110347 RT
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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.: DK 110156 RT
DK 110347 RT
THOMAS STOCKS, DRO DOCKET NO.: BA 130135-OM
Premises: 43-23 165th Street,
Apt. 2G, Flushing, New York
PETITIONER
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed identical duplicate Petitions
for Administrative Review of an order issued concerning the
housing accommodations relating to the above described docket
number. The petitions are being consolidated for disposition as
they contain identical issues of law and fact.
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 petitions.
The owner commenced the proceeding below by filing an application
for a rent increase based on various major capital improvements,
to wit-boiler/burner, intercom system, windows, pointing, front
door with lock.
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
creases.
In his petitions for administrative review, the tenant requests
modification of the Rent Administrator's order and asserts that
the intercom system and front door lock are defective even though
DHCR performed an inspection which failed to indicate alleged
defects.
After careful consideration the Commissioner is of the opinion
that these petitions should be denied.
Rent increases for major capital improvements are authorized by
Section 2202.4 of the Rent and Eviction Regulations for rent
DK 110156 RT, DK 110347 RT
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,
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. The tenant was afforded an
opportunity to file an objection before the Administrator. The
tenant has not established that the increase should be modified.
This order is issued without prejudice to the tenants right to
file an application for a rent reduction based upon a decrease in
services, should the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
the Rent and Eviction Regulations for New York City, it is
ORDERED, that these petitions be, and the same hereby are, 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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