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 : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DL 510105-RT
HERBERT WEINBERGER, RENT ADMINISTRATOR'S
DOCKET NO.: ZCL 510298-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 20, 1989, the above-named petitioner-tenant timely filed a
petition for administrative review against an order issued on December 8,
1988 by the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 143 Bennett Avenue,
apartment 1-M, New York, New York.
The issue in this appeal is whether the Rent Administrator's order is
The applicable section of law is Section 2522.4 of the Rent Stabilization
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the issue
raised by the administrative appeal.
This proceeding was commenced by the owner's filing, on December 29, 1988,
an application for a rent increase based upon the installation of
electrical rewiring and sidewalk and walkway replacement.
Various individual tenants along with the 143/153 Bennett Avenue Tenants
Association objected to the owner's MCI application.
On December 8, 1989, the Rent Administrator partially approved the owner's
application, finding that the electrical rewiring installation qualified as
a major capital improvement, determining that the application complied with
the relevant laws and regulations based upon the supporting documentation,
and allowed rent increases of $5.22 per room, per month for all rent
stabilized apartments in subject building. The Administrator denied the
owner's application as to the sidewalk and walkway replacement upon a
finding that such work does not constitute a major capital improvement.
In his petition, the tenant contends, in substance, that the Rent
Administrator's order is incorrect and should be reversed, alleging, in
substance, that the old wiring switches, receptacles, and fixtures still
remain in his apartment; and that the bathroom receptacle does not comply
with the National Electrical Code.
ADMIN. REVIEW DOCKET NO.: DL 510105-RT
After careful consideration of the record, the Commissioner is of the
opinion that this petition should be denied.
In order for adequate rewiring/electrical upgrading to qualify as an MCI,
the work must include the installation of new electric service, new risers
and feeders extending from the property box in the basement to every
housing accommodation with sufficient capacity to accommodate the
installation of air conditioner circuits/outlets as well as the
installation of a double duplex outlet in the kitchen to accommodate heavy
duty appliances. The owner may, as in the case herein, install air
conditioner outlets on dedicated circuits on building-wide basis. In
addition, the tenants must be given the option of having additional air
conditioner outlets installed in their apartments at cost to the tenants.
The evidence of record in the instant proceeding indicates that the
rewiring work performed in the subject premises complies with the above-
mentioned standards. The owner submitted with its application copies of
the contract, cancelled checks, the contractor's certification and a
requisite Certificate of Electrical Inspection. Therefore, the
Commissioner finds that the tenant's contention that the work does not
warrant an MCI rent increase is not supported by the record.
With respect to the tenant's allegation that the work was not performed in
compliance with the National Electrical Code (which allegation was not
raised in the proceeding below), the Commissioner notes that the
installation in question was approved by the New York City Department of
Buildings Electrical Control Bureau, the governmental agency having
Based upon the foregoing, the Commissioner finds that the Administrator's
order is correct and should be affirmed.
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, it is
ORDERED, that this petition be, and the same hereby is, denied; and that
the order of the Rent Administrator be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner