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. FE 110325-RO
:
RENT ADMINISTRATOR'S
JAN KORMANIK, DOCKET NO. DE 130079-OM
PETITIONER :
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ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE
The above named petitioner owner timely refiled a Petition for
Administrative Review against an order of the Rent Administrator issued
February 22, 1991. The order concerned housing accommodations known as
31-11 33rd Street, Astoria, New York, Various Apartments, wherein the
Administrator denied the owner's application for a major capital
improvement (MCI) rent increase.
The Commissioner has reviewed the record and carefully considered that
portion relevant to the issues raised by this appeal.
The owner of the subject six family dwelling commenced this proceeding by
initially filing a rent increase application with the Administrator in
March 1989 predicated on the installation of a roof, new apartment windows
and leaders and gutters at a total claimed cost of $9,780.00. The owner
indicated that the work was performed by his own contracting company,
Kormanik Home Contractor's. The tenants of three apartments (3R,2R, & 1F)
responded to the application and raised identical objections: that the
owner never changed the leaders and gutters; that the roof leaks; and that
the windows are smaller than the wall openings by 5 to 7 inches
permitting drafts and rain to come through.
A physical inspection was conducted on the subject premises on December
19, 1990 the report of which disclosed water stains on the ceiling of
Apartment 3R; that the roof itself showed no evidence of any defects or of
water filtering from the roof; that the bedroom windows in apartment 2R
and 3R were 4 inches shorter than the window frame and had been filled
with a two inch pieces of wood; and that all windows in said apartments
were drafty due to lack of caulking. On February 28, 1991 the inspector
obtained access to apartment 1F and found all windows in need of
caulking.
On February 22, 1991 the Administrator issued the order appealed herein
which denied the application based upon a finding that the installations
were not performed in a workmanlike manner.
DOCKET NUMBER: FE 110325-RO
In this petition the owner contends, in substance, that the roof leak had
been fixed; and that drafty windows were repaired. Said petition
contains various tenant signatures.
After a careful consideration of the entire record, the Commissioner is of
the opinion that this proceeding should be remanded to the Rent
Administrator for further processing.
It is the position of the Division that the installation of a new roof and
the building-wide installation of all apartment and/or public area
windows, to replace windows which are 25 or more years old, fall within
the definitial requirements of a major capital improvement for which a
rent increase may be warranted. For such installations to qualify for a
rent increase, however, the work must be performed building-wide and in
such a workmanlike manner so that all tenants may enjoy the intended
benefit thereof.
While the record, including the reports of physical inspections, confirms
that the windows in 50 percent of the apartments were not installed in a
workmanlike fashion, the same conclusion can not be reached with respect
to the roof in view of the report of inspection which disclosed no
evidence of roofing defects or water filtration from the roof.
Accordingly, the Commissioner deems it appropriate to remand this
proceeding to the Rent Administrator for such further processing as may be
deemed warranted, which may include a physical inspection, and for
consideration such further allegations or contentions as may be raised by
the parties upon the remand. Consideration should also be given to the
present condition of the window installation in light of the remission of
this proceeding.
THEREFORE, pursuant to the Rent Stabilization Law and Code and the Rent
and Eviction Regulations For New York City, it is
ORDERED, that this petition be, and the same hereby is, granted to the
extent of remanding this proceeding to the Rent Administrator for further
processing in accordance with this order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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