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.: EE630191RO
DOCKET NO.: CA630217OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 8, 1990, the above named petitioner-owner timely filed a
petition for administrative review (PAR) against an order issued on
May 3, 1990, by a Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
2058 Haviland Avenue, Bronx, New York, wherein the Rent
Administrator denied the owner's application for a major capital
improvement rent increase upon finding that the owner's application
was incomplete (lacking any contract and proof of payment) and the
installation was performed on a piecemeal basis.
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 this administrative appeal.
The owner commenced this proceeding on January 29, 1988 by
initially filing an application for a rent increase based on the
installation of windows at a total cost of $12,980.00.
The tenants did not submit an objection to the owner's MCI
In this petition, the owner contends, in substance, that the
contract and proof of payment were provided and copies were
submitted with this petition for administrative review. Also the
owner contends that he did not have enough funds to complete the
work at one time and therefore, it was not piecemeal. The owner
sites MCINTOSH: DHCR Administrative Review Docket No. ARL12446-K.
After careful consideration of the entire record, the Commissioner
is of the opinion that this petition should be denied.
ADMIN. REVIEW DOCKET NO. EE-630191-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 is the established position of this agency that the building-
wide installation of new thermal windows to replace windows that
are 25 or more years old constitutes a major capital improvement
for which a rent increase may be warranted, provided the work is
not done in a piecemeal fashion.
The evidence of record indicates that the Administrator acted
correctly in his determination. The owner at this time has still
failed to submit any contract for the 36 windows purchased and
installed in 1986, as requested by the Administrator. This
contract is essential to the claim by the owner that the
installation was not piecemeal.
It appears from the evidence presented that two separate purchases
and installations of replacement windows were made, one in 1986 and
a second in 1987, thereby making the installation piecemeal. No
indication has been given that a building-wide installation was
intended or contemplated at any one time or pursuant to any one
The owner has failed to show in some concrete manner that his
intention at the outset was to perform a unified and a
consecutively timed window installation building-wide. The matter
cited by the owner is distinguishable from the instant situation in
that, among other things, the owner failed to provide to DHCR
specific details regarding the claimed financial constraints
delaying the window installation(Accord DC430267-RO).
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the New York City Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is denied; and
that the Administrator's order be, and the same hereby is affirmed.
Joseph A. D'Agosta