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.: EE130423RO
APPEAL OF
WOOD GOLD REALTY CORP
RENT ADMINISTRATOR'S
DOCKET NO.: BJ130012OM
PETITIONER
-------------------------------------X
ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On May 23, 1990 the above-named petitioner-owner timely filed a
petition for administrative review (PAR) of an order issued on
April 24, 1990, by a Rent Administrator, 92-31 Union Hall Street,
Jamaica, NY concerning the housing accommodations known as 60-06
43rd Avenue, Woodside, NY, various apartments.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition for administrative review.
The owner commenced this proceeding on October 9, 1987 by initially
filing a major capital improvement rent increase (MCI) application
predicated on the installation of a new roof at a total cost of
$10,500.00.
The order of the Rent Administrator denied the owner's application
upon a finding, that the roof resurfacing was two layers and not
three or more.
In this petition, the owner contends, in substance, that the weight
and strength of the two ply roof installed is superior to that of
a three ply roof made of normal materials. In support of his
petition, the owner submits a letter from the contractor attesting
to this claim.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this petition should be
remanded to the Administrator for further consideration.
ADMIN. REVIEW DOCKET NO. EE-130423-RO
Rent increases for major capital improvements are authorized by
Section 2202.4 of the Rent and Eviction Regulations for rent
controlled apartments and Section 2522.4 of the Rent Stabilization
Code for rent stabilized apartments. Under rent control, an
increase is warranted where there has been since July 1, 1970, a
major capital improvement required for the operation, preservation,
or maintenance of the structure. 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 was the policy of the DHCR that a roof cap sheet of the type
involved herein qualified as a new roof at the time the work in
question was performed. While Policy Statement 91-2 imposes more
stringent standards, the Commissioner notes that said Policy
Statement is effective March 26, 1991, several years after the roof
work in question was performed.
In view of the foregoing, the Commissioner finds it appropriate to
remand this proceeding to the Administrator to allow the owner's
application to be completed, including calculations for any and all
allowable increases.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is remanded to
the Administrator for further consideration in accordance with this
order and opinion. The order and determination of the Rent
Administrator remains in full force and effect until a new order is
issued on remand.
ISSUED:
____________________
Joseph A. D'Agosta
Deputy Commissioner
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