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.: DK630262RO
NOONAN TOWERS COMPANY
DOCKET NO.: CD630260OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-owner timely filed a petition for
administrative review (PAR) of a Rent Administrator's order bearing
the above-referenced docket number which denied 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 939
Woodycrest Avenue, Bronx, NY, the owner requested a rent increase
based upon the installation of interior and exterior lighting.
The Rent Administrator denied the application in its entirety based
upon a finding that the installation did not qualify as an MCI.
The petitioner challenges the Rent Administrator's denial of its
application contending, in substance, that the installation should
qualify as an MCI since it was done to decrease energy costs
replacing otherwise adequate equipment pursuant to paragraph 5 of
Operational Bulletin 23 (ETPA) and Operational Bulletin 112(EHRCL).
Several tenants responded to the owner's petition alleging, among
other things, that the installations was unwarranted.
After considering that portion of the record relevant to the issue
raised by this petition, the Commissioner is of the opinion that
this petition should be denied.
ADMIN. REVIEW DOCKET NO. DK-630262-RO
As determined by the Rent Administrator in the proceeding below,
and as the Commissioner has previously ruled, the installation of
exterior and emergency lighting (in the absence of electrical
upgrading of the entire premises) does not qualify as a major
capital improvement as defined in Section 2522.4 of the Rent
Stabilization Code, and Section 2202.4 of the Rent and Eviction
Regulations because it was not required for the operation,
preservation and maintenance of the structure nor does it
materially add to the value thereof.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations, 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,
Joseph A. D'Agosta