FE 130512-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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FE 130512-RT
VARIOUS TENANTS OF
141-40 84TH DRIVE, RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONERS CC 110085-OM
----------------------------------x
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
Various tenants timely refiled a petition for administrative
review of an order issued on April 25, 1991, by a Rent
Administrator concerning the building known as 140-40 84th
Drive, Jamaica,
New York, wherein the Rent Administrator determined that the
owner was entitled to a rent increase based on 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 the petition for review.
The owner commenced this proceeding on March 14, 1988 by filing
an application for a rent increase based on a major capital
improvement, to wit - a new boiler and burner at a total cost of
$50,500.00.
On August 9, 1988, the Division of Housing and Community Renewal
(DHCR) served each tenant with a copy of the application and
afforded the tenants the opportunity to review it and comment
thereupon.
Various tenants responded, and four alleged defects in the boiler
and burner installation due to lack of heat and hot water. The
owner enclosed with his submission, statements indicating that
properly determined that the new installations were functioning
properly. It is additionally not d that the tenants' allega-
tions are unsubstantiated by any corroborating evidence.
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 increases., The tenants have not established
FE 130512-RT
that the increase should be revoked.
This order and opinion is issued without prejudice to the
tenants' right to file complaints based on a diminution of
services if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, 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
|