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 230233-RT
VARIOUS TENANTS OF RENT ADMINISTRATOR'S
1684 8TH STREET, DOCKET NO.:BG 230277-OM
BROOKLYN, NY PETITIONERS :
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
Various tenants timely filed an Administrative Appeal against an order
issued on December 15, 1989 by a Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodation known as
1684 West 8th Street, Brooklyn, New York, Various Apartments, wherein the
Rent Administrator determined that the owner was entitled to a rent increase
based on a major capital improvement (MCI) for the installation of a new
roof and intercom system.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to these issues
raised by the petition for Administrative Review.
In this petition for Administrative Review the tenants contend, in
substance, that the owner's application was filed beyond the two year
statute of limitations specified in Section 2522.4(a)(8) of the Rent
Stabilization Code which contains the requirement that an application for an
increase based upon an MCI be filed no later than 2 years after the
completion of the installation or improvement; that the application was
filed on July 31, 1987; and that the improvements were completed on November
7, 1980 and June 1, 1982.
The owner interposed an answer to the tenants' petition asserting that the
amendment to Section 2522.4(a)(8) of the Rent Stabilization Code did not
become effective until August 1, 1987. The owner submitted a copy of the
application, received by DHCR, which is date stamped July 31, 1987.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal should be
Pursuant to the applicable provisions of the Rent Stabilization Code and
Advisory Opinion 87-1 (dated May 1, 1987) and Advisory Opinion 87-3 (dated
July 31, 1987) the two year statute of limitations for filing MCI
applications did not take effect until August 1, 1987. Since the instant
application was filed prior to said date, the Administrator properly treated
the application as timely filed.
Accordingly, the Commissioner finds that the tenants have not asserted anyu
grounds on appeal to upset the Administrator's grant of a rent increase for
the new roof and intercom system.
DOCKET NUMBER: EA 230233-RT
THEREFORE, in accordance with the Rent Stabilization Law and Code, 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 affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner