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.:
JOHN & ENGE FINK, DISTRICT RENT
PETITIONER ZBG 610515-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenants timely refiled an Administra-
tive Appeal against an order issued on June 18, 1990 by the
District Administrator (Gertz Plaza, Jamaica, New York)
concerning the housing accommodations known as 3210 Arlington
Avenue, Riverdale, New York, Apartment 6-F, wherein the Adminis-
trator granted major capital improvement (MCI) rent increases for
the stabilized apartments in the subject premises based on the
installation of new windows, an intercom, and boiler/burner at
The owner commenced the proceeding below by filing its MCI
application in July of 1987. The application included the
installation of the intercom, the entrance door, new windows,
boiler/burner, and the new roof. Various tenants, including the
petitioners herein, objected to the owner's application. In
their answer, the petitioners stated, among other things, that:
1.The intercom system, the windows, and the
boiler/burner are defective and
2.The boiler/burner is not new.
The District Rent Administrator's order, appealed herein,
partially granted the owner's application. The order disallowed
costs of the installation of the entrance door, the roof, and
most costs for the boiler/burner. A small portion of the window
installation costs was disallowed as not substantiated. The
Administrator stated that various tenants objected to the owner's
application without any specific complaint pertaining to the
On Appeal, the petitioner-tenants contend, in substance, that the
windows are defective.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The record discloses that the owner submitted documentation in
the proceeding below to substantiate the installation of the
windows, including copies of the proposal, contractor's
certification, and cancelled checks for the work in question.
Furthermore, the records of this Division disclose that on
October 8, 1987, the petitioners' complaint of a decrease in
services was denied based on the results of a physical inspection
and the tenant's acknowledgment that the conditions complained of
were resolved (Docket No. ZBA 610727-S). Although the record
also discloses a subsequent complaint of a decrease in services
by the petitioners, that complaint was filed after the issuance
of the Administrator's order.
On the basis of the entire evidence of record, it is found that
the Administrator's order was correct and should be affirmed.
This order is issued without prejudice to the tenants' complaint
of decrease in services.
THEREFORE, in accordance with the applicable provisions of the
Rent Stabilization Code, and Operational Bulletin 84-1, it is
ORDERED, that the Administrative appeal be, and the same hereby
is, denied; and that the Administrator's order be, and the same
hereby is, affirmed.