EA 210080 RT
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.: EA 210080 RT
WALTER HECHT, DRO DOCKET NO.: BD 230349 OM
Premises: 8201 Bay Parkway
PETITIONER Apt. 6H, Brooklyn, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed a petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
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.
The owner commenced the proceeding below by filing an application
for a rent increase based on various major capital improvements,
to wit-boiler/burner, intercom system, pointing/waterproofing.
Each tenant was served with a copy of the owner's application and
was afforded an opportunity to review it and comment thereupon.
The petitioner-tenant filed an objection to the owner's applica
tion contending that the owner filed an application for pointing
and waterproofing under docket no. BD 210477-OM, and does not want
to pay twice.
Thereafter, the Rent Administrator issued the order here under
review finding that the installation qualified as a major capital
improvement, determining that the application complied with the
relevant laws and regulations based upon the supporting documenta
tion submitted by the owner, and allowing appropriate rent in
creases. The improvement of pointing and waterproofing are not
considered under docket no. BD 230349-OM, however, it was
processed under docket no. BD 210477-OM.
In its petition for administrative review, the tenant requests
reversal of the Rent Administrator's order and alleges that the
hot water is sporadic and occasionally there is a lack of heat.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
EA 210080 RT
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, preserva
tion, 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.
The Commissioner will not entertain the tenant's assertions of
decreased services raised for the first time on appeal, even
though it was afforded an opportunity to file any objection before
the Administrator. The tenant has not established that the
increase should be revoked.
This order is issued without prejudice to the tenants right to
file an application for a rent reduction based upon a decrease in
services, should the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
the Rent and Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA