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.: FL 210118-RT
DISTRICT RENT ADMINISTRATOR'S
EFRAIM MELGAR DOCKET NO.: EE 230120-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 23, 1991, the above-named tenant timely re-filed a petition
for administrative review of an order issued on November 1, 1991 by a Rent
Administrator concerning the housing accommodation known as Apartment #24,
223-13 Street, Brooklyn, New York, wherein the Administrator authorized a
major capital improvement rent increase based on the installation of a new
boiler/burner, new apartment windows, an intercom and new entrance doors.
Said order contains the notation that the tenants were afforded an
opportunity to comment and that two tenants responded objecting to the
increase. Said tenants stated solely that the amount of the increase
sought by the owner was too high.
In this petition for administrative review the tenant asserts, in
substance and pertinent part, that the new windows do not aid in retaining
the heat in his apartment which remains inadequate. The tenant further
asserts that the intercom and doors do not work properly. Finally, the
tenant asserts that the rent increase granted is too high.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition for review.
Rent increases for major capital improvements are authorized by section
2522.4 of the Rent Stabilization Code. 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 notes that the petitioner herein raised no objections to
the quality or adequacy of the installations or the maintenance of
services while this proceeding was before the Rent Administrator, although
he was afforded the opportunity to do so.
Accordingly, pursuant to Section 2529.6 of the Rent Stabilization Code,the
tenant's allegations may not be considered now when offered for the first
time on administrative appeal. The Commissioner further notes that the
records of the Division disclose that no heat or other service complaints
were pending, nor were there any orders of rent reduction f a building-
wide nature in effect as of the issuance date of the Administrator's order
DOCKET NUMBER: FL 210118-RT
The record in the instant case, which includes copies of various
proposals, invoices, contractors' certifications, cancelled checks and
governmental approvals and sign-offs for the installations indicates that
the owner correctly complied with the applicable procedures for a major
capital improvement rent increase; and that the Rent Administrator
correctly computed the appropriate rent increase based on the proven cost
of the various improvements. The tenant has not established that the
increase should be revoked.
This order and opinion is without prejudice to the right of the tenant to
file a complaint of a reduction in services wherein he may allege the
service deficiencies stated in his administrative appeal
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and that
the order of the Rent Administrator be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA