DOC. NOS. EC 810580-RT et al.
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
APPEALS OF DOCKET NOS.:
VARIOUS TENANTS OF EC 810581-RT;
56 PONDFIELD ROAD WEST, : EC 810582-RT;
PETITIONER : EC 810583-RT;
------------------------------------X EC 810585-RT;
DRO DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenants filed timely Petitions for
Administrative Review against an order of the Rent Administrator 55
Church Street, White Plains, issued November 15, 1989. The order
concerned housing accommodations located at 56 Pondfield Road West,
Yonkers, New York. The Administrator granted a rent increase for
the installation of major capital improvements.
The Commissioner has reviewed the record and carefully considered
that portion relevant to the issues presented by the administrative
appeals. These proceedings are consolidated herein because they
involve common issues of law and fact.
The owner commenced this proceeding on December 30, 1987, by filing
an application for a rent increase based on capital improvements.
Said improvements were the installation of:
1. Thermal windows and screens
2. Two entrance doors and
3. New intercom system.
On February 11, 1988, the owner certified that it served a copy of
Application Form RA-79, a copy of Notice Form RA-79N and three
copies of Answer Form RIT-3 on each tenant. Various tenants
objected to the increase citing numerous violations outstanding on
the subject building at the time of the filing. The owner
responded to these allegations by submitting a letter, dated
October 10, 1989, wherein the Yonkers Bureau of Housing and
Buildings advised that a records check indicated no outstanding
violations at that time.
DOC. NOS. EC 810580-RT et al.
The Administrator granted the application regarding the windows and
doors but denied it for the clear mirrors on the wall by the doors
and noted a $100.00 error in addition for the doors. It was also
noted that the owner withdrew the request for the intercom. The
Administrator increased the rent of each tenant by $1.24 per room,
per month and $3.04 per window per month and adjusted the Maximum
Legal Rent for each rent controlled apartment to reflect the second
stage increase pursuant to Sec. 33.8 Operational Bulletin #110,
Suppl. 8. ordered in docket #YCK-8-2-0004-AN.
In the petitions for administrative review, the tenants assert that
there should be no rent increase for improvements made to correct
After careful consideration, the Commissioner is of the opinion
that the petitions should be denied.
The tenants' contention that improvements done to correct
violations should not warrant a rent increase is without merit.
Section 2502.4 of the Tenant Protection Regulations provides that
a landlord may file an application for a rent increase where there
has been since January 1, 1974 a major capital improvement required
for the operation, preservation or maintenance of the structure and
there has not been a prior rent adjustment based on the same
grounds. Nothing prohibits a rent increase when an improvement is
made to correct violations and in fact the existence of such
violations serves to substantiate the need for the work that was
done. (Accord: Heather Eichelbaum, ART 00384Q.)
Although an owner must certify that he/she is maintaining services
and a rent reduction order based on a finding of a diminution of
services may render an MCI rent increase uncollectible, the
Commissioner notes that in this case the City of Yonkers certified
one month prior to the Administrator's decision that no violations
existed on the subject building. The Administrator's order must be
THEREFORE, in accordance with the Emergency Tenant Protection Act
and Tenant Protection Regulations, it is
ORDERED, that these Petitions be, and the same hereby are, denied
and that the order of the Rent Administrator be, and the same
hereby is, affirmed.