FB 230093-RO
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
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 230093-RO
Troy Realty Company, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: ZDE 230184 OM
PETITIONER
-----------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 15, 1991 the above-named petitioner-owner timely refiled
a Petition for Administrative Review against an order issued on
January 4, 1991 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York concerning housing accommodations known
as 2065 Ocean Avenue, Brooklyn, New York, various apartments,
wherein the Administrator granted in part the owner's application
and authorized Major Capital Improvement rent increases.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the Petition for Administrative Review.
The owner commenced this proceeding by filing with the Division
in May 1984, a rent increase application for both rent control
and rent stabilized apartments in the subject premises, based on
the installation of a new boiler/burner (completed in August
1986), windows and entrance doors at a total cost of $95,718.00.
On January 4, 1991 the Rent Administrator issued the order here
under review granting the application in all respects with the
exception of the heating system, the cost of which was disallowed
as to the rent stabilized apartments only, on grounds that the
instant application was not filed within the allowable two year
period from the completion of the installation.
In this Petition for Administrative Review the owner contends, in
substance, that the two year time period should run from the
December 20, 1988 filing date of a previous application,
predicated on the same installation, which application was denied
merely because of an incomplete filing.
After a careful consideration of the entire record, the
Commissioner is of the opinion that this petition should be
denied.
Section 2522.4(a)(8) of the Rent Stabilization Code precludes a
rent increase for a Major Capital Improvement where the
application is filed more than two years after the completion of
the installation.
In the instant application filed in May 1989 the owner specified
FB 230093-RO
that the installation of the boiler/burner was completed in
August 1986. Not only was the current application filed more
than two years after the installation of the heating system but
the earlier application (CL 230255-OM) filed with the Division on
December 20, 1988 was also untimely.
Accordingly, the Commissioner finds that the Administrator
properly disallowed a rent increase for the boiler/burner with
respect to the rent stabilized apartments in accordance with the
provisions of Section 2522.4(a)(8) of the Rent Stabilization
Code.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|