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
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IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: DL210236RO
APPEAL OF
Williams Realty Co.
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO.: BA230062OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The petitioner-owner timely filed an administrative appeal against
an order issued on November 21, 1989 by the Rent Administrator
(92-31 Union Hall Street, Jamaica, New York) concerning the housing
accommodations known as 1654 East 13th Street, Brooklyn, New York,
various apartments, wherein the Administrator granted major capital
improvement (MCI) rent increases for the stabilized and controlled
apartments in the subject premises.
The owner commenced this proceeding by filing its MCI application
in January of 1987 for the installation of apartments windows.
Various tenants responded and alleged that the new windows were
defective. Inspections were performed by the Division on March 17
and March 22, 1989, the report of which confirmed the tenants'
allegations.
On May 31, 1989, the owner submitted statements from many tenants
as evidence of repairs. Subsequent inspections were performed on
July 18 and July 20, 1989, which revealed, among other things, that
the lower kitchen window sash in apartment 1A was defective and
required repairs for proper opening and closing. By notice dated
July 31, 1989, the owner was directed to submit evidence within
twenty (20) days that adjustments were done to correct this
condition. The owner responded on August 8, 1989 that it would send
the superintendent to look at the window and fix it, if necessary.
The Administrator's order appealed herein authorized an MCI rent
increase for the apartment windows. The Administrator exempted
apartment 1A from the retroactive and permanent increases until
necessary repairs to the window were completed in that unit.
ADMINISTRATIVE REVIEW DOCKET NO.: DL210236RO
In this petition for administrative review, the owner contends, in
substance, that the tenant's complaint has been rectified, and
submits a statement dated August 10, 1989 from the then tenant of
apartment 1A to that effect.
In response to the owner's petition, the then tenant of apartment
1A filed an answer stating, in substance, that she did not sign the
sign-off sheet submitted with the owner's petition; that the
owner's representative had one of her daughters sign the sign-off
sheet; that her daughter was not aware of what she was signing; and
that the kitchen window is still defective.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
At the outset, the Commissioner notes that the purported signature
of the then tenant of apartment 1A, Helen Fisher, on the sign-off
statement submitted by the owner on appeal is significantly
different from the tenant's signature appearing on the answer to
the owner's petition and on a statement previously submitted by the
owner.
For an owner to be entitled to a rent increase predicated upon an
MCI, the work must be performed in such a workmanlike manner that
the tenants may enjoy the benefit thereof. The record discloses
that an inspection performed in March of 1989 disclosed that the
kitchen window in apartment 1A to be defective. By notice dated
July 31, 1989, the owner was afforded the opportunity to submit
evidence that the windows had been fixed. No such evidence was
submitted despite the owner being afforded an opportunity to do so.
The evidence of record indicates that the tenant who responded
during the proceeding before the Administrator and on appeal is no
longer a tenant in apartment 1A. However, the owner is cautioned
not to collect this increase until such time as repairs have been
effectuated, if they have not already occurred.
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
ADMINISTRATIVE REVIEW DOCKET NO.: DL210236RO
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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