FF 110737-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.:
FF 110737-RT
VARIOUS TENANTS OF
1714 LINDEN STREET RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CB 110227-OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 27, 1991, the various tenants, refiled a petition for
administrative review of an order issued on December 26, 1991, by
a Rent Administrator concerning the building known as 1714 Linden
Street, Ridgewood, 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 February 23, 1988 by
filing an application for a rent increase based on a major cap-
ital capital improvement, to wit - new windows at a total cost of
$15,777.03.
On July 25, 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.
None of the tenants filed any objections to the owner s applica-
tion although afforded the opportunity to do so.
On December 26, 1990, the Rent Administrator issued the order
here under review finding that the installations 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 stabilized apartments.
In their petition for administrative review, the tenants request
reversal of the Rent Administrator's order and allege that the
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cost of the windows was excessive.
In answer to the tenant's petition t e owner alleges, in sub-
stance, that the windows, "double hung vinyl deluxe with double
insulated tilt glass" are the best on the market and resubmits a
copy of the contractor's bill.
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 Code for rent stabilized
apartments. Under rent stabilization, the improvement must gen-
erally be building-wide; depreciable under the Internal Revenue
Code, other than for ordinary repairs; required for the opera-
tion, preservation, and maintenance of the structure; and replace
an item whose useful life has expired.
The Commissioner notes that the tenants raised no objections to
the owner's application while this proceeding was pending before
the Rent Administrator. Accordingly, pursuant to Section 2529.6
of the Code the objections they raise now, for the first time on
administrative appeal, may not be considered herein.
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
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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