FF 210017 RT, FF 210016 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 NOS.: FF 210017 RT
FF 210016 RT
DISTRICT RENT ADMINISTRATOR
G. Boryozka DOCKET NO.: EA 230070 OM
F. Koskar
PREMISES: 2075 79th Street
Apts. A1 and D1
PETITIONER Brooklyn, New York
-----------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants timely filed petitions for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket numbers.
The above described petitions are consolidated for uniform
disposition in that the issues raised are similar.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition.
On December 28, 1989, the owner commenced the proceeding below by
filing an application for a rent increase based on a major
capital improvement, to wit-boiler/burner.
Each tenant was served with a copy of the owner's application and
was afforded an opportunity to review it and comment thereupon.
The petitioners did not file an objection to the owner's
application although afforded the opportunity to do so.
On May 2, 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.
In their petitions for administrative review, both tenants
request that the order here under appeal be reversed alleging
that the owner did not provide adequate heat during the 1990-1991
heating season.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Rent increases for major capital improvements are authorized by
FF 210017 RT, FF 210016 RT
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 preservation, and
maintenance of the structure; and replace an item whose useful
life has expired.
The Commissioner will not entertain the tenants' unsubstantiated
objections raised for the first time on appeal. The tenants were
afforded an opportunity to file an objection before the
Administrator. The record in the instant case indicates that the
owner correctly complied with 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.
This order is issued without prejudice to the tenants' right to
file an application for decrease in services, should the facts so
warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, the Rent and Eviction Regulations for New York City, it is
ORDERED, that these petitions be, and the same hereby are,
denied and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
