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.:EF 110174-RT
MILDRED HOUSTON, : EG 110016-RT
DANIEL/JEAN JONES, EG 110024-RT
JUANITA JONES EG 110327-RT
LINDA JONES, PETITIONERS :
------------------------------------X RENT ADMINISTRATOR'S
DOCKET NO.:BH 130078-OM
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named petitioners-tenants timely filed petitions for
Administrative Review against an order issued on June 18, 1990 by the Rent
Administrator, Gertz Plaza, Jamaica, New York, concerning the housing
accommodations known as 631 Beach 9th Street, Far Rockaway, 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).
The Commissioner deems it appropriate to consolidate these Administrative
Appeals for determination under this order and opinion as they involve
common issues of law and fact.
The owner commenced the proceeding below by filing its MCI application in
August of 1987. Although several tenants in the subject building filed
responses none of the four petitioning tenants herein filed any objections
to the owner's application.
The Rent Administrator's order, appealed herein, granted a major capital
improvement (MCI) rent increase based on the installation of new prime
windows at a total approved cost of $70,470.00.
In their petitions for Administrative Review, the tenants request a
reversal of the Administrator's order and contend, in substance, that they
did not request new windows and there are numerous other building
violations that have been ignored by the landlord since October 1979-Apt
1D; that the windows are coming apart and water leaks into the windows
whenever it rains. Also that the elevators are constantly not working and
there are various other service complaints in the Apartment- Apt 5B; and
that the windows are defective and deficiencies in the apartment have not
been repaired-apt 6D; the tenant in apartment 4H did not raise any
objection in her petition.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that these Administrative Appeals should be
Rent increases for major capital improvements are authorized by Section
2522.4 of the Rent Stabilization Code for rent stabilized apartments.
Under rent stabilization, the improvement must generally be building-wide;
DOCKET NUMBER: EF 110174, et al.
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.
The Commissioner notes that none of the objections now being raised for the
first time on Administrative Appeal by the petitioners were raised while
the owner's application was pending before the Rent Administrator even
though all of the tenants were afforded the opportunity to do so.
Accordingly, the Commissioner finds pursuant to Section 2529.6 of the Rent
Stabilization Code that these objections may not now be considered herein.
The record in the instant case, which includes a copy of the proposal,
invoice, contractor's certification, and cancelled checks for the work in
question indicates that the owner correctly complied with the applicable
procedures for a major capital improvement; and that the Rent Administrator
correctly computed the appropriate rent increases based on the
substantiated cost of the improvement. The tenants have not established
that the increase should be revoked.
This determination is without prejudice to the rights 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, it is
ORDERED, that these petitions be, and the same hereby are denied; and that
the Rent Administrator's order be, and the same hereby is affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner