DK 210251-RT, DK 210230-RT, DL 210117-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 210251-RT
DK 210230-RT
DL 210117-RT
HOCHMAN/ BARON/ FRANK,
DRO DOCKET NO.: CL 230226-OM
Premises: 2323 East 12 Street
Brooklyn, New York
Apts. 3J, 3D, 5J
PETITIONERS
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named tenants timely filed petitions 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-
new windows.
Each tenant was served with a copy of the owner's application and
was afforded an opportunity to review it and object thereto.
The petitioner-tenants did not file an objection to the owner's
application although afforded the opportunity to do so. The
record discloses that various other tenants filed objections to
the owner's applications.
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 their petition for administrative review, the tenants request
modification of the Rent Administrator's order and assert that
they are being charged a rent increase for three rooms per month,
although the installation of windows were performed in two rooms.
DK 210251-RT, DK 210230-RT, DL 210117-RT
One tenant asserts that he is a senior citizen and the rent
increase would be a burden.
The owner interposed answers to the tenants' petitions contending,
in pertinent part, that the tenant in apartment 3D is being billed
the rent increase for two rooms contrary to the tenant's bare
allegation. The other petitioner-tenants are being billed the
rent increase for three rooms accordingly. The owner further
states, that the window that was not replaced is a fire-window
known as a lot window, that DHCR granted the owner an increase per
room and not based upon the number of windows per apartment.
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
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 tenants' assertions raised
for the first time on appeal. The tenants were afforded an
opportunity to file an objection before the Administrator. The
tenant has not established that the increase should be revoked.
With regard to the tenant stating that he is a senior citizen and
the rent increase would be a burden. The tenant is advised to
contact the New York City Department of Housing, Preservation and
Development and apply for the senior citizen rent increase
exemption.
Pursuant to Chapter 737 of the Laws of 1986, effective September
1, 1986, a tenant of a rent controlled or rent stabilized
apartment in New York City who qualifies for a Senior Citizen Rent
Increase Exemption Order will be exempt from a rent increase
attributable to the installation of a major capital improvement
granted since the tenant's "Eligibility" date to the extent such
rent increases causes the tenant's rent to exceed mo e than one-
third of the tenant's monthly disposable household income.
In regard to the tenants' claim that the owner is collecting an
improper rent, the tenant is advised that the owner is 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.
DK 210251-RT, DK 210230-RT, DL 210117-RT
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and 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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