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.: DC610409RT
APPEAL OF
Mrs. James Lynch
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO.: AG630118OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenant refiled a petition for
administrative review against an order issued on February 9, 1989,
by the Rent Administrator (92-31 Union Hall Street, Jamaica, New
York) concerning the housing accommodations known as 3210 Perry
Avenue, Bronx, New York, apartment 3D, wherein the Administrator
granted major capital improvement (MCI) rent increases for the
controlled and stabilized apartments in the subject premises based
on the installation of apartment windows at the premises.
The owner commenced this proceeding below by filing its MCI
application in July of 1986. In support of its application, the
owner submitted copies of the contract and cancelled checks.
In this petition, the tenant states that she can't afford to pay
the increase.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
Rent increases for major capital improvements are authorized by
Section 2522.4 of the Rent Stabilization Code for rent stabilized
apartments. 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.
It is the established position of the Division that the
installation of apartment windows, as in the instant case,
qualifies as an MCI.
ADMINISTRATIVE REVIEW DOCKET NO.: DC610409RT
The evidence of record in the instant case indicates that the owner
fully substantiated its application and correctly complied with the
application procedures for an MCI, and that the Rent Administrator
properly computed the appropriate rent increase. On the other hand,
the tenant has not submitted any evidence to prove that the
increases should be revoked.
The Commissioner is not unmindful of the possibility that the rent
increase may prove burdensome to some tenants. However, the
Commissioner is constrained by the applicable statutory and
regulatory provisions to grant such increases as are warranted.
A tenant who has a valid Senior Citizen Rent Increase Exemption
Order (SCRIE) is exempted from that portion of the increase which
would cause the rent to exceed one-third of the tenant's household
monthly disposable income. A tenant who may be entitled to this
benefit may contact the New York City Department of the Aging by
calling (212) 240-7000.
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, it is
ORDERED, that this administrative appeal be, and the same hereby
is, denied; and that the Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
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Joseph A. D'Agosta
Deputy Commissioner
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