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 610223-RT
ROBERTO MIR, RENT ADMINISTRATOR'S
DOCKET NO.:BG 630090-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 25, 1990 the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on December 27, 1989 by the
Rent Administrator, Gertz Plaza, Jamaica, New York concerning the housing
accommodations known as 1337 Edward L. Grant Highway, Bronx, New York,
The Rent Administrator's order, appealed herein, granted the owner's
application for a rent increase based upon the installation of new windows,
pointing/waterproofing and new roof at a total cost of $41,328.75 and
contained the notations that no tenants' answers were received following
initial service, and that subsequent notices mailed on August 17, 1988,
elicited no responses.
On appeal, the petitioner-tenant requests a reversal of the Administrator's
order and contends in substance, that 1) no tenants received notification
of major capital improvements by ATM Properties or the Rent Administrator's
office; 2) the building was not registered in 1984 as required by law; 3)
the premises do not have a superintendent; 4) there is a decrease in
building-wide services; 5) the landlord has failed to return rent security
deposits and failed to pay interest on security deposits; 6) real estate
taxes have not been paid; 7) rent and security overcharge complaints have
been filed by individual tenants; 8) there is no fire insurance on the
building; and 9) low water pressure in both buildings was not corrected as
per stipulation agreement, L & T #98954/83.
After careful consideration of the entire record, the Commissioner is of
the opinion that this petition should be denied.
Rent increases for major capital improvements are authorized by Section
2202.4 of the Rent and Eviction Regulations for Rent controlled apartments.
Under rent control, an increase is warranted where there has been since
July 1, 1970 a major capital improvement required for the operation,
preservation, or maintenance of the structure. Under rent stabilization,
the improvement must generally be building-wide; depreciable under the
Internal Revenue Code, other than for ordinary repairs; required for the
operation, preservation, and maintenance of the structure; and replace an
item whose useful life has expired.
DOCKET NUMBER: EA 610223-RT
The tenant's contention that none of the tenants received notification of
the major capital improvements by either the owner or the Division is not
supported by the record as evidenced by the fact that the owner followed
procedures by submitting a certification that it did serve all tenants on
September 30, 1987. Also the Division subsequently served the following
tenants with notices on August 17, 1988-Apartments 1C, 2E, 3B, 4B, 4D, 5A,
6B and 6D-which is in accordance with the DHCR's policy that if no tenants'
responses are received following the initial service, ten percent of the
affected tenants are randomly selected to be served by the Division.
In addition, a check of Division records discloses that the subject
building is registered for 1984 and that no rent reduction order based on
the owner's failure to maintain services of a building-wide nature was
outstanding against the subject building as of the time of issuance of the
The Commissioner notes that the petitioner's other complaints are all not
relevant to the improvements done and do not constitute grounds to bar an
owner from obtaining a rent increase for major capital improvements which
is otherwise warranted.
This determination is without prejudice to the right of the tenants filing
appropriate complaints with the Division alleging that the owner is not
maintaining all required services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code, and the
Rent and Eviction Regulations, 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