DHCR Decisions                             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     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   :     ------------------------------------X                                        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     denied.     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.     ISSUED:                                                                                                            JOSEPH A. D'AGOSTA                                      Acting Deputy Commissioner