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 : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DL220286R0
:
RENT ADMINISTRATOR'S
JOHN CONA, DOCKET NO.: ZDJ2301340M
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 27, 1989 the above-named petitioner-owner filed an
administrative appeal against an order issued on December 13, 1989 by the
Rent Administrator (92-31 Union Hall Street, Jamaica, New York) concerning
the housing accommodations known as 300 6th Street, Brooklyn, New York,
apartment 2R, wherein the Administrator denied a major capital improvement
(MCI) rent increase for the controlled apartment in the subject premises
based on the installation of new windows in apartment 2R.
The Rent Administrator's order, appealed herein, stated that the
installation does not constitute a major capital improvement but are
considered as repairs and maintenance.
On appeal, the petitioner-owner states, in substance, that five new windows
in apartment 2R was denied a MCI increase.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
denied.
It is the established position of the Division that the building-wide
installation of new apartment windows and/or public area windows to replace
windows which are 25 or more years old constitutes a major capital
improvement for which a rent increase adjustment be warranted, provided the
owner otherwise so qualifies. In this respect, the Commissioner notes that
work of a piecemeal nature or ordinary repairs and maintenance does not
qualify as a major capital improvement.
However, in recognition of the fact that there are limited circumstances
where the replacement of all windows would be an unnecessary and
unwarranted expense, the Commissioner has adopted the position that where
an owner has earlier installed new windows which are clearly of a distinct
and different nature, that the subsequent replacement of all other
apartment windows totalling at a minimum at least 80% of the total number
of apartment windows in the building as part of a unified plan and
consecutively timed project completed within a reasonable time frame would
substantially comply with the requirement of a major capital improvement.
In this proceeding, a review of the record, including documentation and
information submitted by the owner indicates that of the 30 apartment
ADMIN. REVIEW DOCKET NO.: DL220286RO
windows at the subject premises, 5 new windows, or 17% were installed in
1989 according to the owner. Accordingly, the Commissioner finds that the
Administrator properly disallowed rent increases for the new window
installation based upon the fact that the window installation consisted of
the replacement of less than 80% of the total number of apartment windows
in the building.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations, it is
ORDERED, that this petition 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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