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.: EG 930369-RT
VARIOUS TENANTS DRO DOCKET NO.: WCH-8-1-0009-OM
c/o VALERIE FLAMBERG
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 12, 1990 the above-named petitioner-tenants timely refiled
Petitions for Administrative Review against an order issued on July 31,
1989 by the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning housing accommodations known as 325 Main Street, White Plains,
New York, Various Apartments, wherein the Administrator authorized a major
capital improvement rent increase adjustment on the 1986 installation of
The instant matter stems from an application filed with the Division in
May 1988. Said application, based on the installation of a new roof was
substantiated by a contract and cancelled checks showing a total actual
cost of $2,1500.00.
In response thereto various tenant (6) alleged among other things that
they had experienced water penetration in the past due to the age and
condition of the old roof; and that the work performed was in the nature
of a necessary repair rather than a major capital improvement.
On July 31, 1988 the Administrator issued the order appealed herein
finding that the subject installation qualified as a major capital
improvement consistent with the Regulations and past practices.
In this petition for administrative review the tenants, contend in
substance, that the owner had not installed a new roof but merely repaired
the old one by placing tar paper over the existing roof surface. That
inadequate consideration was given to their responses in the proceeding
below wherein they questioned the quality of the work performed; and that
the case should be determined based on the merits of their statements
rather than on past procedure.
In answer thereto the owner states, among other things that the tenants
should not be allowed to raise new objections on appeal; and that the
petition should be rejected as neither timely nor pertinent.
After careful consideration of the entire record the Commissioner is of
the opinion that this petition should be denied.
DOCKET NUMBER: EG 930369-RT
It is established position of the Division that the installation of a new
roof consisting of a top sheeting over the existing roof, properly
prepared to receive same, constitutes as major capital improvement for
which a rent increase adjustment may be warranted (Accord: ART 9527-Q/ART
9320-Q). NOt only does the record confirm the new installing but it is
conceded by the tenant that the condition of the old roof was such that
its resurfacing was required for the continued operation, preservation and
maintenance of the structure.
The tenants have raised unsubstantiated allegations regarding the quality
of the work performed but fail to allege with any specificity the
existence of any current roof leaks. In this respect it is significant to
note that the records of the Division disclose that no service complaints
have been filed with respect to the condition of the roof or otherwise in
the five years which have elapsed since the new roof was installed.
Accordingly, the Commissioner finds that the Rent Administrator properly
determined that there has been a major capital improvement for which the
rents were appropriately increased based on the proven cost thereof.
The landlord is hereby directed to correct any defects which may exist
with respect to the roof installation after receipt of specific notice
thereof from the tenants. Upon the landlord's failure to do so, the
determination herein is without prejudice to the right of the tenants, or
any one of them, to file an appropriate complaint with the Division for a
decrease in rent, if the facts now so warrant.
THEREFORE, in accordance with the provisions of the Emergency Tenant
Protection Act and Regulations, it is
ORDERED, that this petition be, and the same hereby is deemed; and that
the order of the Rent Administrator be, and the same hereby is affirmed.