FG 210196-RT; FG 220083-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
APPEALS OF DOCKET NOS.:
FG 210196-RT
NORMAN DILGER and FG 220083-RT
WILLIAM LEDWITH,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONERS BJ 230152-OM
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The Commissioner has consolidated these petitions as they involve
common questions of law and fact.
The above-named tenants filed timely petitions for administrative
review of an order issued on June 12, 1991, y a Rent Adminis-
trator concerning the housing accommodations known as Apartments
B-11, and D-16, 7901 Fourth Avenue, Brooklyn, 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 October 23, 1987, by
filing an application for a rent increase based on major capital
improvement, to wit - windows at a total cost of $139,063.00.
On June 12, 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 controlled and rent stabilized apart-
ments.
In their petitions for administrative review the tenants request
reversal of the Rent Administrator's order and allege that they
are paying $10.00 a month for window-screens which are not being
provided.
After careful consideration the Commissioner is of the opinion
that these petitions should be denied.
Rent increases for major capital improvements are authorized by
FG 210196-RT; FG 220083-RT
Section 2202.4 of the Rent and Eviction Regulations for rent
controlled apartments and Section 2522.4 of the Rent Stabiliza-
tion Code 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 t e operation, preserva-
tion, 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 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.
This Order and Opinion is issued without prejudice to the ten-
ants' rights to file complaints of overcharge or complaints
based on a diminution of services if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and 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:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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