ADM. REVIEW DOCKET NO.: FC 210378 RT
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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FC 210378 RT
: RENT ADMINISTRATOR'S
DOCKET NO.: BL 230349 OM
FLORENCE ROSENBERG
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 26, 1991 the above-named tenant refiled a petition
for administrative review of an order issued on January 7, 1991,
by a Rent Administrator concerning the housing accommodation
known as 2069 East 12th Street, Brooklyn, New York, wherein the
Rent Administrator determined that the owner was entitled to a
rent increase based on a major capital improvement.
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 review.
The owner commenced this proceeding on December 28, 1987 by
filing an application for a rent increase based on major capital
improvements, to wit: boiler/burner; fence; iron security door;
pointing and waterproofing; mailboxes; lobby doors; windows, at a
total cost of $32,657.37.
On July 8, 1988, the Division of Housing and Community
Renewal (DHCR) served the tenants with a copy of the application
and afforded the tenants the opportunity to review it and comment
thereupon.
Eight tenants, including the petitioner, filed objections to
the owner's application. The owner was notified to effect the
necessary repairs. The Administrator mailed a subsequent inquiry
to the complaining tenants on November 28, 1990. The complainant
tenant in the instant proceeding did not respond to this inquiry.
On January 7, 1991, the Rent Administrator issued the order
here under review, finding that the boiler/burner, the pointing
and waterproofing, and the lobby doors qualified as major capital
improvements, determining that the application complied with the
relevant laws and regulations based upon the supporting
documentation submitted by the owner, and allowing appropriate
rent increases for rent controlled and rent stabilized
apartments.
ADM. REVIEW DOCKET NO.: FC 210378 RT
In her petition for administrative review, the tenant
requests reversal of the Rent Administrator's order and alleges
that she was never given an opportunity to respond regarding MCI
approved items, all of which do not work properly.
In answer to the tenant's petition the owner contends that
all of the MCI-approved items are, and always were, in very good
working order.
After careful consideration, 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 and Section 2522.4 of the Rent
Stabilization Code for rent stabilized 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 general y 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 when that
item's useful life has expired.
With regard to the tenant's specific allegation of lack of
notice, the record contains the tenant's answer to the
application dated July 18, 1988, which answer was duly considered
by the administrator.
The record in the instant case indicates that the owner
correctly complied with the application procedures for a major
capital improvement and the Rent Administrator properly computed
the appropriate rent increase. The tenant has not established
that the increase should be revoked.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. REVIEW DOCKET NO.: FC 210378 RT
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