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.: DD620168RT
PETITIONER DOCKET NO.: BE610008OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenant timely filed a petition for
administrative review against an order issued on March 16, 1989, by
the Rent Administrator (92-31 Union Hall Street, Jamaica, New York)
concerning the housing accommodations known as 3235 Grand
Concourse, Bronx, New York, apartment 5D, 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 a boiler, burner and apartment windows. The
Administrator disallowed a portion of the claimed cost for the
window installation due to the owner's failure to substantiate
$2,550.00. The owner deleted the claimed costs for the concrete
work, interior court, basement walk, sidewalk (street), laundry
room renovation, return pipe, elevator upgrading and waterproofing
(here not at issue).
On appeal, the petitioner-tenant state, in substance, that her new
rent is not accurate and that she is not sure what amount to pay
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
It is the established position of the Division that the work
performed meets the definitional requirements of an MCI for which
a rent increase may be warranted. The record shows that the owner
submitted copies of the contracts, invoices, government approvals
and cancelled checks which indicates that the owner correctly
complied with the applicable procedures for an MCI rent increase,
and that the increase was properly computed based on the proven
cost of the installations. On the other hand, the tenant has not
submitted any evidence to prove that the increase should be
ADMINISTRATIVE REVIEW DOCKET NO.: DD620168RT
The collection of the rent increase, as to the rent controlled
tenant, is limited to 15% of the rent charged on April 1, 1989, the
effective date, with any overage collectible in succeeding years.
The determination herein is without prejudice to the right of the
tenant to file an appropriate complaint of rent overcharge or a
request for registration information (RA-1) with the Division, if
the facts so warrant.
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, 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 that the Administrator's order be, and the same
hereby is, affirmed.
Joseph A. D'Agosta