STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
-------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: FI110149RT
DOCKET NO.: CG130122OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 21, 1991, the above-named petitioner-tenant timely re-
filed a petition for administrative review (PAR) against an order
issued on July 5, 1991, by a Rent Administrator, (Gertz Plaza)
concerning the housing accommodations known as 79-25 150th Street,
Apt. C21, Flushing, New York, wherein the Rent Administrator
determined that the owner was entitled to a rent increase based on
the installation of a major capital improvement (MCI).
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 this administrative appeal.
The owner commenced this proceeding on July 21, 1988 by filing an
application for a rent increase based on a major capital
improvement, to wit: new windows at a total claimed cost of
Several tenants responded supporting the owner's MCI application.
The petitioner-tenant herein also responded but objected to the
owner's MCI application alleging, in substance, that she did not
complain about the windows in her apartment nor did she request
their replacement since she found them to be adequate. She further
contended that by changing all the windows, the owner has
increased the value of the building and the tenants should not have
to pay for such improvements.
On July 5, 1991, the Rent Administrator issued the order here under
review finding that the installation qualified as a major capital
improvement, 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 tenants.
ADMIN. REVIEW DOCKET NO. FI-110149-RT
In her petition, the petitioner merely reiterated the complaints
previously brought to the attention of the Rent Administrator in
the proceeding below.
After a careful consideration of the entire record, the
Commissioner is of the opinion that this petition should be denied.
No issues regarding any error in fact or law have been submitted
which would merit the scrutiny of the Commissioner at this time.
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; 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 building-wide replacement of
windows qualifies as an MCI entitling the owner to an appropriate
rent increase pursuant to long-standing Division policy. Tenant
consent to a qualifying MCI installation is not required.
The evidence of record in the instant case indicates that there
were no pertinent complaints raised on appeal which would merit
any modification of the Rent Administrator's order herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
Joseph A. D'Agosta