STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:FH 110049-RT
MITCHELL KIRSCHBAUM DOCKET NO.:CD 130196-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 8, 1991 the above-named petitioner-tenant timely refiled an
administrative appeal against an order issued on May 3, 1991 by the Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York, concerning the
housing accommodations known as 65-60 Booth Street, Rego Park, New York,
apartment 6-D, wherein the Administrator grant rent increases for the
controlled and stabilized apartments in the subject premises based on the
installation of various major capital improvements.
The owner commenced the proceeding below by filing with the Division on
April 28, 1988 a rent increase application based on the following major
capital improvement installations: boiler/burner, elevator controller,
replacement windows building-wide. The tenants were served with a copy of
the owner's application and afforded an opportunity to respond.
The District Rent Administrator's order, appealed herein, granted in part
the owner's rent increases based on the installation of new apartment
windows installed building-wide and a new boiler/burner. No increase was
allowed for the elevator controller.
On appeal, the petitioner-tenant states, in substance, that the new windows
are cheaply manufactured and cannot be locked for safety purposes if placed
in an open position; that the new boiler fails to provide hot water
consistently; that the elevator is dirty and often out of order; that the
building is not kept clean; and that evidence of mice can be found in the
In response to the tenant's petition, the owner filed an answer stating, in
substance, that the new replacement windows are more efficient than the old
windows' estimated to have been 50 years old; that not until this tenant's
complaint had any other tenant claimed a failure to provide hot water since
the installation of the new boiler/burner; and that the tenant had failed to
submit his PAR in a timely fashion.
After a careful consideration of the entire record, the Commissioner is of
the opinion that this petition should be denied.
DOCKET NUMBER: FH 110049-RT
The record discloses that a copy of owner's application for a MCI rent
increase was served upon the tenants by DHCR; and that none of the tenants
who responded to the application alleged any deficiencies with or objected
to the quality of the installations for which a rent increase was granted
while this proceeding was before the Rent Administrator although they were
afforded the opportunity to do so. Accordingly, the tenant's objection may
not be considered at the administrative appeal level.
It is the established position of the Division that the installing
recognized in the Administrators order (the building-wide installation of
new windows to replace windows which are 25 or more years old, and
boiler/burner) constitute major capital improvements for which a rent
increase adjustment may be warranted. The record discloses that the owner
substantiated its application with respect to paid items by the submission
of contracts, contractors certifications cancelled checks and governmental
approvals and sign-offs for the installation and operation of the new
In addition, a review of Division records confirm that no orders were
outstanding against the subject premises based on the owner's failure to
maintain services of a building-wide nature at the time of issuance of the
Administrator's order appealed herein nor were any such complaints pending
against the subject premises.
The determination herein is without prejudice to the right of the tenant to
file an appropriate complaint with the Division based on the owner's failure
to maintain services, if the facts so warrant.
On the basis of the entire evidence of record, it is found that the
Administrator's order is correct and should be affirmed.
THEREFORE, in accordance with 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, denied; and that the
Rent Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner