FF 410642 RT, et al.
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 410642 RT,
FF 410662 RT, FF 410663 RT,
FF 410664 RT, FF 410700 RT,
FF 410701 RT, FF 410702 RT,
FF 410703 RT, FF 410704 RT,
FF 410706 RT, FF 410707 RT,
FF 410708 RT, FF 410709 RT,
Various Tenants FF 410710 RT, FF 410711 RT,
(See Addendum), FF 410712 RT, FF 410713 RT,
FF 410716 RT
DISTRICT RENT ORDER
DOCKET NO.: BL 430163 OM
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 15, and 16, 1991, various petitioner-tenants timely
refiled Petitions for Administrative Review against an order
issued on April 25, 1991 by the District Rent Administrator
Gertz Plaza, Jamaica, New York, concerning the housing
accommodations known as 202 Mott Street, New York, New York,
various wherein the Administrator granted a rent increase in the
amount of $4.25 per room per month based on major capital
improvements (MCI).
On appeal, the petitioner-tenants contend that the order
should be reversed because the tenants never received a copy of
the owner's MCI application and thus were not afforded an
opportunity to appeal or comment, the main doors are already
broken and not worth the $1600.00 claimed, and, after
installation of the gas boiler and heater the heat and hot water
are no better than before.
In answer to the petition the owner stated that the DHCR
forwarded copies of the owner's application for the MCI rent
increase to each tenant and two tenants responded to same, that
the complaining tenants do not dispute that the capital
improvements were completed, that from December 1, 1987 there
have been no heating complaints, and that the owner has
substantiated the costs for the improvements with the DHCR.
The Commissioner has reviewed all of the evidence in the
record relevant to the issues raised by the administrative
appeal and is of the opinion that the petitions should be
denied.
The record discloses that the owner substantiated its MCI
FF 410642 RT, et al.
application in the proceeding below by submitting to the
Administrator, among other things, a certification dated April
26, 1988 stating that copies of the Application Form RA-79, the
notice Form RA-79N, and the Answer Form RTP-3 had been mailed or
delivered to each tenant. In addition, the owner stated in the
certification that a copy of the Tenant Review Package, which
included a copy of the application, all required supplements, and
all supporting documentation, was made available for review at
the building address. The record also discloses that on April
13, 1988 the DHCR sent to each tenant a notice of the
commencement of a proceeding to consider the owner's application
for rent increase based on major capital improvements. Two
tenants responded to the notice, on the answer forms provided,
without making any complaints pertaining to the adequacy of the
installations.
The petitioners' allegations regarding the furnishing of
heat, hot water, and front door security relate to problems
arising after the original installations. Inasmuch as
petitioners do not specifically allege a decrease in these
services, such allegations do not invalidate the owner's
entitlement to the rent increase. Should the owner now fail to
provide services as required, the tenants may make appropriate
application for a reduction in rent with the DHCR.
On the basis of the entire evidence of record, the
Commissioner finds that the owner substantiated its entitlement
to an increase and that the Administrator's order was correct and
should be affirmed.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that these petitions be, and the same hereby are,
denied, and that the District Rent Administrator's order be, and
the same hereby is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADDENDUM
Tenant Docket No. Apt. No.
FF 410642 RT, et al.
Chi Zhu Zhu FF 410642 RT Apt. 4
Shee Shang Lee FF 410662 RT Apt. 24
Cui Yu Liao FF 410663 RT Apt. 28
Wu Mei Xian FF 410664 RT Apt. 25
Tao Swee Koon FF 410700 RT Apt. 6
Lai Sun Lee FF 410701 RT Apt. 1
Sin Han Mui Kong FF 410702 RT Apt. 16
Fung Chan Chan FF 410703 RT Apt. 19
Kong Hong Chen FF 410704 RT Apt. 10
Lin Huan Chen FF 410706 RT Apt. 8
Wai Man Chan FF 410707 RT Apt. 7
Kam Keung Chan FF 410708 RT Apt. 30
Kin Chi Tang FF 410709 RT Apt. 29
Yan Yip Tsang FF 410710 RT Apt. 31
Yim Kuen Chin Ma FF 410711 RT Apt. 32
Zhuo Han Hu FF 410712 RT Apt. 33
Wai Man Chan FF 410713 RT Apt. 12
Oi Ching Wong Chu FF 410716 RT Apt. 21
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