Docket Number: FA 610054-RT
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
APPEAL OF DOCKET NO.: FA 610054-RT
NEYSA M. DEPAGNIER, DRO DOCKET NO.: DC 610182-OM
PETITIONER Premises: 3121 Middletown Road
------------------------------------X Bronx, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely refiled a petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
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 petition.
The owner commenced the proceeding below by filing an application
for a rent increase based on various major capital improvements, to
wit- windows, parapet walls.
Each tenant was served with a copy of the owner's application and
was afforded an opportunity to review it and comment thereupon.
The petitioner-tenant did not file an objection to the owner's
application although afforded the opportunity to do so.
Thereafter, 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 documenta
tion submitted by the owner, and allowing appropriate rent in
creases. The Rent Administrator disallowed any rent increase based
upon the installation of parapet walls.
In her petition for administrative review, the tenant requests
reversal of the Rent Administrator's order and alleges that the
windows are defective, that there is air seepage through the
windows, front door, air conditioner sleeves, that there is peeling
paint and plaster, all of which is a health violation.
The owner interposed an answer to the tenant's petition, which
stated that there is not air seepage.
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
Docket Number: FA 610054-RT
law 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
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 Commissioner can not entertain the tenant's assertions raised
for the first time on appeal. The record in the instant case
indicates that the owner correctly complied with application
procedures for a major capital improvement and the Rent Administra
tor properly computed the appropriate rent increases. The tenant
has not established that the increase should be revoked.
This order is issued without prejudice to the tenants right to file
an application for decrease in services, should the facts so
THEREFORE, in accordance with the Rent Stabilization Law Code, and
the Rent and Eviction Regulations for New York City, 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,