Docket Number: FD 210422-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.: FD 210422-RT
MORRIS MAGZMEN DRO DOCKET NO.: DF 230138-OM
PETITIONER : Premises: 2053 78 Street
------------------------------------X Apt. 2RR, Brooklyn, 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 the proceeding below by filing an application
for a rent increase based on a major capital improvement, to wit-
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
In his petition for administrative review, the tenant requests
reversal of the Rent Administrator's order and alleges that the
intercom is defective.
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 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,
Docket Number: FD 210422-RT
preservation, and maintenance of the structure; and replace an item
whose useful life has expired.
The Commissioner can not entertain the tenant's assertion of a
defective intercom which is 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
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,