Docket Number: FF 610594-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.: FF 610594-RT
RAFAEL TORRES DRO DOCKET NO.: CC 630256-OM
JUANA GUZMAN,
PETITIONERS Premises: 2 West 169 St.,
-----------------------------------X Apt. 15, Bronx, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants timely filed a petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the petition.
The owner commenced this proceeding by filing an application for a
rent increase based on various major capital improvements, o wit-
intercom, windows, pointing, water proofing, steam cleaning, lobby
and vestibule doors, repiping, kitchen modernization.
Each tenant was served with a copy of the owner's application and
was afforded an opportunity to review it and comment thereupon.
The tenant filed an objection to the owner's application contending
that the owner is not entitled to a rent increase since that, his
kitchen modernization was just a new sink, that the lobby was never
repaired - just new a door installed, repiping may have been
installed in bathroom tub and sink. The tenant does confirm the
installation of windows, intercom and steam cleaning was performed.
Thereafter, 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 documenta
tion submitted by the owner, and allowing appropriate rent in
creases. The Administrator disallowed any increase for kitchen
modernization.
In their petition for administrative review, the tenants requests
reversal of the Rent Administrator's order and alleges that the
intercom does not work properly, the windows are defective, that
all the improvements were completed in 1987 by prior owner; and
that none of the tenant's received forms to respond below.
After careful consideration the Commissioner is of the opinion that
this petition should be denied.
Docket Number: FF 610594-RT
Rent increases for major capital improvements are authorized by
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 tenant's assertions raised
for the first time on appeal. The record in the instant case
indicates that the owner correctly complied with applicable
procedures for a major capital improvement and the Rent Administra
tor properly computed the appropriate rent increases. The tenant
has 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 Code, and
the Rent and Eviction Regulations for New York City, 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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