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.: DL630350RO
APPEAL OF
Deegan Two Company
c/o Martin A. Shlufman RENT ADMINISTRATOR'S
DOCKET NO.: DB630072OM
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 21, 1989 the above-named petitioner-owner timely filed
an administrative appeal against an order issued on November 16,
1989 by the Rent Administrator (92-31 Union Hall Street, Jamaica,
New York) concerning the housing accommodations known as 2101 Cedar
Avenue, Bronx, New York, various apartments, wherein the
Administrator denied major capital improvement (MCI) rent increases
for the controlled and stabilized apartments in the subject
premises based on the installation of new elevator hallway call
stations, new interlocks , new steel hoist cables and a new hoist
sheave.
On appeal, the petitioner-owner states, in substance, that (A) the
installation of call stations on all floors, including the lobby
floor, constitutes an MCI; (B) a new hoist sheave was fabricated
and installed; (C) seven new interlocks, one for each floor,
including the lobby floor, were installed; (D) since the old cable
had worn out and was dangerous for use in the elevator, a new half
inch traction steel hoist cable was installed in the main machine;
and (E) even if this installation was not considered an MCI by
itself, it would, at the very least, constitute a cosmetic
improvement in connection and simultaneously with the other
installations which do constitute an MCI in accordance with Section
2522.4(a)(2)(ii) of the Code.
After a careful consideration of the entire evidence of the record,
the Commissioner is of the opinion that this administrative appeal
should be denied.
It is the well established position of the Division that for a
partial elevator modernization (upgrading) to qualify as an MCI the
installation must include a new controller and selector, the
electronic brain of the elevator. The replacement of call stations,
Admin. Review Docket No. DL630350RO
hoist sheave, interlocks and half inch traction steel hoist cable,
as evidenced by two separate invoices, constitute repair items
which the Administrator properly found not to qualify as an MCI.
On the basis of the entire evidence of record, it is found that the
Administrator's order is correct and should be affirmed.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, the Rent and Eviction Regulations for
the City of New York, and Operational Bulletin 84-1, it is
ORDERED, that this administrative appeal be, and the same hereby
is, denied, and the order of the Rent Administrator be, and the
same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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