FE 430081-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.:
FE 430081-RT
ROBIN SCHWARTZ,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CB 430178-OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 2, 1991, the above-named tenant, filed a petition for
administrative review of an order issued on April 25, 1991, by a
Rent Administrator concerning the housing accommodation, known as
780 Madison Avenue, New York, New York, wherein the Rent Adminis
trator 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 February 24, 1988 by
filing an application for a rent increase based on a major
capital improvement, to wit - elevator upgrading and a new roof
over elevator room at a total cost of $53,980.00.
On June 29, 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.
The tenant, on July 19, 1988 filed an objection to the owner's
application alleging in substance that the elevator wo k consti-
tuted maintenance during the course of the work.
On April 25, 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 controll d and rent stabilized apart-
ments.
In her petition for administrative review, the tenant requests
reversal of the Rent Administrator's order and attaches thereto a
copy of her original objection of July 19, 1988.
FE 430081-RT
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 2522.4 of the Rent Stabilization Law 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 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 tenant has not established that
the increase should be revoked.
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
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