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
APPEALS OF DOCKET NOS.
: GA 110085-RT;GA 110376-RT
VARIOUS TENANTS OF 86-02 PARK LANE GB 110386-RT;GC 110108-RT
SOUTH, QUEENS, NEW YORK GC 110110-RT;GC 110112-RT
PETITIONERS : GC 110113-RT;GC 110114-RT
------------------------------------X GC 110115-RT;GC 110121-RT
GC 110123-RT;GC 110124-RT
GC 110125-RT;GC 110126-RT
GC 110127-RT;GC 110128-RT
GC 110129-RT;GC 110130-RT
GC 110131-RT;GC 120132-RT
GC 110133-RT;GC 120134-RT
GC 110135-RT;GC 110136-RT
GC 120203-RT;GC 120204-RT
ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
On various dates the above named petitioner-tenants timely filed or refiled
Administrative Appeals against an order issued on December 6, 1991 by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York concerning
housing accommodations known as 86-02 Park Lane South, Woodhaven, New York,
various apartments, wherein the administrator granted a major capital
improvement (MCI) rent increase for both the controlled and stabilized
apartments in the subject premises based on the installation of the
following improvements: new roof, parapets, new windows, waste compactor,
and elevator upgrading at the premises.
On August 3, 1989 the owner of the subject 54 unit building filed the
instant major capital improvement application together with various
supporting documentation. The owner indicated in the application that a
superintendent or manager's office was not available for on premises
examination of the application by the tenants.
By notice dated October 26, 1989 the Administrator, as is customary where
there is no resident superintendent's office, served the tenants with a copy
of the application and advised the tenants that the owner's application
together with all supplements and supporting documentation were available
(by appointment) for examination at the offices of the DHCR. Various
tenants responded to the notice objecting to the application. In addition,
the tenants' representative by letter dated January 10, 1990, requested
pursuant to the Freedom of Information Law, an opportunity to review all
files with respect to the instant application.
Thereafter, the Rent Administrator issued the order here under review
finding that the installations qualified as a major capital improvement,
determining that the application complied with the relevant laws and
DOCKET NUMBER: GA 110085-RT
regulations based upon the supporting documentation submitted by the owner.
Said order contains the notation that the tenants failed to raise any
relevant complaints regarding the installations.
In these petitions for administrative review (consolidated herein for
disposition) the tenants request reversal of the Administrator's order
citing various service related complaints with regard to the window and
elevator installations, categorizing the roof work as a repair and again
requesting a review of all documents related to owner's application.
After careful consideration the Commissioner is of the opinion that this
petition should be remanded to the District Rent Administrator for further
processing in accordance with this order and opinion.
Whereas the Rent Administrator found that the various installations
qualified as major capital improvements and that the tenants raised no
relevant objections to the adequacy of the work performed, it appears from
the record that the request of the tenants' representative to examine the
owner's application and all underlying documentation was not adhered to. In
view of what appears to be a denial of due process, the Commissioner deems
it appropriate to remand this proceeding to the Rent Administrator for such
further processing as may be deemed appropriate, on notice to all parties.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, the Rent and Eviction Regulations for the City
of New York, and Operational Bulletin 84-1, it is
ORDERED, that the administrative appeal be, and the same hereby is 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 rent increase is hereby continued until a new order is issued
upon remand. However, the Administrator's determination as to a prospective
rent increase is not stayed and shall remain in full force and effect until
the Administrator issues a new order upon the remand.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner