DOCKET NO.: DB 730090-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. DB 730090-RO
HARDING & THORNTON, INC., DRO DOCKET NO. CL 7100930-M
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 9, 1987, the above named petitioner-Harding & Thornton, Inc
timely refiled a Petition for Administrative Review against an order
issued on January 13, 1989, by the District Rent Administrator, Hempstead
Office concerning housing accommodations known as various tenants at 565
Fulton Avenue, Hempstead, NY wherein the District Rent Administrator
determined that the installations described in the owner's application do
not qualify as Major Capital Improvements.
The issues in this appeal is whether the installation of new vinyl
flooring in lobby and public hallways and renovation of front entrance is
a major capital improvement.
The applicable section of the Tenant Protection Regulation is Section
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 administrative appeal.
The owner (Harding & Thornton, Inc.) commenced this proceeding by filing
an application for rent increase based on expenditures of $7,810.00 for
retiling the lobby and public hallways; and repairing sheet rock wall in
lobby; and replacing window sills in front entrance.
In Order Number CL 710093-OM the District Rent Administrator determined
that the tile work and front entrance renovation were maintenance and
repair and therefore not eligible for MCI increase.
In this petition, the owner contends that the Rent Administrator's Order
is incorrect and should be modified because, "The installation of vinyl
floors in the lobby and hallways represent a substantial improvement to
the building. The vinyl floors installed are of superior quality to the
In answer to this petition, various tenant contend that the order should
be upheld because, "The installation of vinyl floors are purely cosmetic,
intended to attract prospective buyers to the building being co-op."
DOCKET NO.: DB 730090-RO
The Commissioner is of the opinion that this petition should be denied.
Replacement of lobby and public hallways floor tile, and replacement of
window sills in entranceway are maintenance items.
Said work did not constitute structural change but rather a change in
cosmetic flooring covering and entranceway window sill treatment.
THEREFORE, in accordance with the Tenant Protection Regulations it is
ORDERED, that this petition be, and the same hereby is, denied and the
District Rent Administrator's order be, and the same hereby is affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner