DHCR Decisions
Docket Number: FC 510440-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 510440-RT
CHARLES LYNTON, DRO DOCKET NO.: BG 430054-OM
PETITIONER Premises: 614 W. 152 St.,
----------------------------------X Apt. 67, New York, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed 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 this proceeding by filing an application for a
rent increase based on various major capital improvements, o wit-
boiler/burner, windows, new roof.
The owner certified that it served each tenant with a copy of the
application and placed a copy of the entire application including
all required supplements and supporting documentation in the office
of the superintendent for the subject building.
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.
In his petition for administrative review, the tenant requests
reversal of the Rent Administrator's order and alleges that no
repairs or improvements had been performed, that he occupies two
rooms, not three rooms as indicated on an attached copy of the
owner's request for a rent increase, and objects to the rent
increase.
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
law for rent stabilized apartments. Under rent control, an
Docket Number: FC 510440-RT
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 will 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 applicable
procedures for a major capital improvement and the Rent
Administrator properly computed the appropriate rent increases.
The tenant has not established that the increase should be revoked.
As to the tenant's reference of a rent overcharge complaint, this
order is issued without prejudice to the tenant's right to file a
rent overcharge complaint if the facts so warrant.
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,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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