STATE OF NEW YORK
                      DIVISION OF HOUSING AND COMMUNITY RENEWAL
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA

                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

          ------------------------------------X   ADMINISTRATIVE REVIEW
          IN THE MATTER OF THE ADMINISTRATIVE     DOCKET NO.:  EH430172RO
          APPEAL OF
                    AL BROCK
                    C/O 466 WEST 23 CORP.
                                                  RENT ADMINISTRATOR'S
                               PETITIONER         DOCKET NO:  CB410103OM 
          ------------------------------------X

          ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN 
          PART


          On August 17, 1990, the above-named petitioner-owner filed a 
          petition for administrative review of an order issued on July 13, 
          1990, by the Rent Administrator, concerning the housing 
          accommodation known as 466 West 23rd Street, New York, New York, 
          Various Apartments, wherein the Administrator denied the owner's 
          application for a rent increase for the installation of a major 
          capital improvement based on the owner's failure to submit complete 
          evidence.

          The Commissioner has reviewed all of the evidence in the record and 
          has carefully considered that portion of the record relevant to the 
          issue raised by the administrative appeal.

          The owner commenced this proceeding on February 5, 1988, by filing 
          an application for a rent increase predicated on the installation 
          of a new boiler/burner at a total cost of $12,900.00.  On June 21, 
          1988, the DHCR served each tenant with a notice of the application 
          and afforded the tenants an opportunity to review and comment 
          thereon within 30 days.  No responses were received.  On May 21, 
          1990, the owner was asked to submit additional information 
          including a certificate of electrical inspection.  On June 5, 1990, 
          the owner requested a 30 day extension to submit the evidence and 
          in a notice dated June 12, 1990, the owner's request was granted, 
          authorizing a 30 days extension from June 5, 1990.  The order 
          appealed herein was issued on July 13, 1990.

          In this petition for administrative review, the owner requests 
          reversal of the Administrator's order and contends, in substance, 
          that the application was filed in 1988 and not acted on for two 
          years; that after receiving the request for additional information, 
          which gave the owner until June 11, 1990, to respond, the owner 
          requested a 30 day extension which was granted and which should 













          ADMIN. REVIEW DOCKET NO. EH430172RO

          have extended the deadline to July 11, 1990, rather than the July 
          5, 1990, date granted by the Administrator.  The owner further 
          claims that the requested information was submitted as soon as the 
          owner obtained it from the contractor.  The record does include a 
          letter to the Administrator dated August 17, 1990, which included 
          copies of a letter from the contractor stating that the existing 
          boiler was beyond repair and had to be replaced, that the new 
          boiler includes an integral burner, and that no APC 501 or Gas Card 
          was required, as well as a copy of the 1987 building registration 
          and an electrical permit marked "Final Requested" showing that the 
          final electrical inspection was requested.  The actual certificate 
          of electrical inspection was filed with DHCR on February 27, 1991.

          After a careful consideration of the entire evidence of record, the 
          commissioner is of the opinion that this petition should be granted 
          in part.

          The record discloses that with the exception of the certificate of 
          electrical inspection, all necessary governmental approvals plus 
          supporting documentation (contract, contractor's certification and 
          cancelled checks) were submitted promptly after being requested by 
          Administrator.

          The record further discloses that no rent reduction order based on 
          the owner's failure to maintain services of a building-wide nature 
          was outstanding nor have any heat/hot water complaints been filed 
          by the tenants either prior to or subsequent to the issuance of the 
          order appealed herein.

          In view of the fact that the owner subsequently completed the 
          application by virtue of submitting the missing certificate of 
          electrical inspection and other necessary supporting documentation 
          and taking into consideration the size of the subject premises and 
          all factors bearing on the equities of this particular matter, the 
          Commissioner is of the opinion and finds that the owner is entitled 
          to a rent increase adjustment of $9.84 per room, per month, 
          computed as follows: $12,900.00 less commercial tenants share: 
          $1,087.47 = $11,812.53 divided by 60 months = $196.88 divided by 20 
          rooms = $9.84 per room, per month.  Said increase is effective for 
          rent stabilized apartments as of April 1, 1991, the first rent 
          payment date 30 days after the owner completed the instant 
          application by virtue of the submission to the Division of the 
          requisite certificate of electrical inspection, and is subject to 
          the attached conditions.

          The rent stabilized tenants may pay any arrears in rent resulting 
          from this order to cover the period between the effective date of 
          the rent increase (April 1, 1991) provided for herein and the date 
          of the issuance of this order of the Commissioner in 12 equal 
          monthly installments subject to the statutory limitation on 
          collectibility of 6% of the February, 1988 rent for the permanent 







          ADMIN REVIEW DOCKET NO. EH430172RO


          increase plus 6% for temporary arrears.

          THEREFORE, in accordance with the rent stabilization law and code, 
          it is 

          ORDERED, that this petition be and the same hereby is granted in 
          part; that the order of the Rent Administrator be and the same 
          hereby is revoked; and that the rents of the stabilized apartments 
          be, and the same hereby are increased in the manner and effective 
          as  hereinabove provided subject to the attached conditions made 
          part of this order. 


          ISSUED:




                                                                          
                                                  JOSEPH A. D'AGOSTA
                                                  Deputy Commissioner





























































































































    

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