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
APPEALS OF DOCKET NOS.: FF 610613-RT
: FF 610733-RT
VARIOUS TENANTS OF FF 610734-RT
775 EAST 185TH STREET, FF 610735-RT
BRONX, NY PETITIONERS :
------------------------------------X RENT ADMINISTRATOR'S
DOCKET NO.: DL 630119-OM
ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
The Petitioners in the above referenced proceedings filed timely Petitions
for Administrative Review of an order of the Rent Administrator issued
June 6, 1991. The order concerned housing accommodations located at 775
East 185th Street, Bronx, New York. The Administrator granted the owner's
application for a rent increase based upon the installation of a major
capital improvement.
The Commissioner has reviewed the record and carefully considered that
portion relevant to the issues raised by these appeals.
The owner commenced this proceeding by filing an application on December
11, 1988 for a rent increase based on a Major Capital Improvement (MCI).
The owner claimed installation of a new boiler/burner at a total cost of
$21,250. The tenants were served with a copy of the application on March
30, 1990 and given opportunity to respond.
In the order appealed from, the Administrator stated that "one tenant...
responded to the owner's application objecting to the increase without any
complaint pertaining to the installation." The Administrator granted the
application and allowed appropriate rent increases for rent controlled and
rent stabilized apartments.
In the petitions for administrative review, the petitioners state that
they did, in fact, answer the application in April 1990. Each answer
directly questioned the adequacy of the installation of the new
burner/boiler, alleging that heat and hot water services are inadequate.
Copies of those answers are annexed to the petitions.
The owner did not file any response to the petitions.
The Commissioner has reviewed the answers and finds they raise issues
pertinent to whether the application for the rent increase should have
been granted. The answers, all bear various dates in April, 1990 but were
not in the record before the Administrator.
DOCKET NUMBER: FF 610613-RT
Further investigation is required to address the issues raised by the
petitioners. The Commissioner is of the opinion that these proceedings
should be remanded to the Administrator for further processing. On remand
the Administrator should undertake such further processing as may be
deemed necessary including a physical inspection.
THEREFORE, pursuant to 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, granted to the
extent of remanding this proceeding to the Administrator for further
processing in accordance with this order and opinion. The automatic stay
of so much of the Rent Administrator's order as directed a retroactive
rent increase is hereby continued until a new order is issued upon remand.
However the determination as to a prospective rent increase is not stayed
and shall remain in effect until the Administrator issues a new order on
remand.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
