OFFICE OF RENT ADMINISTRATION
                                    GERTZ PLAZA
                              92-31 UNION HALL STREET
                              JAMAICA, NEW YORK 11433

     APPEAL OF                              DOCKET NOS.: DL 410094-RT;
                                         :  DL 410095-RT;DL 410096-RT;
       VARIOUS TENANTS of                   DL 410097-RT;DL 410108-RT
       330 WEST 58TH STREET
     ------------------------------------X  DOCKET NO.: BG 410312-OM   


     The above-named tenants filed Petitions for Administrative Review of an 
     order issued on November 10, 1989 by a Rent Administrator concerning the 
     housing accommodations known as 330 West 58th Street, New York, New York, 
     Various Apartments.

     The Commissioner has reviewed all the evidence in the record and has 
     carefully considered that portion of the record relevant to the issues 
     raised by the petitions for review.

     The owner commenced this proceeding by the filing of a major capital 
     improvement (MCI) rent increase application with the agency based on the 
     installation of a new roof building-wide.

     The owner certified that on January 17, 1986 he served each tenant with a 
     copy of the application and placed one copy of the entire application, 
     including all required supplements and supporting documentation with the 
     resident superintendent of the subject building.  Several tenants responded 
     to the application asserting, in pertinent part, that the roof continued to 

     On August 23, 1989 an agency inspector visited the subject premises to 
     inspect for evidence that the new roof leaks.  In his report of agency 
     inspection there is no mention made of leaks attributable to the roof.

     On November 10, 1989 the Rent Administrator issued the order here under 
     review finding that the roof installation qualified as a major capital 
     improvement, determining that the application complied with the relevant 
     laws and regulations based upon the supporting documentation submitted by 
     the owner, and allowing appropriate rent increases for rent-stabilized 

     In their Petitions for Administrative Review several tenants assert, in 
     substance, that the room count, as reflected in the order appealed from, is 
     incorrect and that the roof continues to leak.

     In answer to the tenants' petitions the owner asserts, in pertinent part, 
     that the roof was properly installed and that this was in fact confirmed 


          DOCKET NUMBER: DL 410094-RT, et al.
     by agency inspection.  Regarding the alleged room count discrepancies, the 
     owner asserts that the room count had been resolved by an agency order 
     issued prior to the order appealed from.

     After careful consideration of the entire record, the Commissioner is of the 
     opinion that these petitions should be denied.

     Rent increases for major capital improvements are authorized by Section 
     2522.4 of the Rent Stabilization Code.  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 record in the instant case, which includes copies of an invoice, 
     cancelled check and contractor certification for the installation indicates 
     that the owner correctly complied with the applicable procedures for a MCI 
     rent increase based on the proven cost of the roof installation.

     Regarding the tenants' assertions concerning leaks from the roof, the 
     Commissioner notes that on August 23, 1989 an agency inspector was sent to 
     the subject premises to inspect for evidence of leak damage attributable to 
     the roof.  The report of the agency inspection does not indicate that any of 
     the apparent leaks are attributable to the roof installation.  Those tenants 
     residing in the lower level apartments for which evidence of leak damage was 
     noted, primarily in areas surrounding windows, on the report of agency 
     inspection, are reminded of their right to file services complaints with the 

     Regarding the tenant's assertion that there is a room count discrepancy the 
     Commissioner notes that the Administrator properly reduced the total
     approved cost of the roof installation from $51,000.00 to $24,372.90 to 
     reflect the portion of the total cost to be borne by the Commercial 
     occupants of what would otherwise be residential space and thus properly 
     computing the allowable increase on a per room basis by apportioning the 
     reduced "net" allowable cost among only the rent regulated rooms in the 
     subject premises.

     Based upon the entire evidence of record, the Commissioner finds that the 
     order of the Rent Administrator is correct and should be affirmed.

     THEREFORE, in accordance with the provisions of the Rent Stabilization Law 
     and Code, it is


          DOCKET NUMBER: DL 410094-RT, et al.
     ORDERED, that this petition be, and the same hereby is, denied, and that the 
     District Rent Administrator's order be, and the same hereby is, affirmed.


                                          JOSEPH A. D'AGOSTA
                                      Acting Deputy Commissioner



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