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.: GC 610202-RT
DRO DOCKET NO.: DK 630222-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 2, 1992 the above-named petitioner-tenant filed a Petition for
Administrative Review against an order issued, on February 6, 1992 by the
Administrator, (Gertz Plaza) concerning housing accommodations known as
Apartment 2B, 150 West 179th Street, Bronx, New York, wherein the
Administrator granted Major Capital Improvement (MCI) rent increases for
the stabilized and controlled apartments in the subject premises based on
In this petition the tenant does not question the propriety of the
Administrator's finding with respect to the quality of the work performed
but rather contends, in substance, that she does not benefit from the
elevator work since her respective apartment is located on the second
The Commissioner is of the opinion that this petition should be denied.
Rent increases for major capital improvements are authorized by Section
2202.4 of the Rent and Evictions Regulations for rent controlled
apartments and Section 2522.4 of the Code for rent stabilized units.
Under rent control, an increase is warranted where there has been since
July 1, 1970 a major capital improvement required for the operation,
preservation, or maintenance of the structure. 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.
It is the established position of the Division that the upgrading of an
elevator, which must include a new controller/selector qualifies as a
major captial improvement. The record before the Commissioner confirms
that the owner satisfied all factual and procedural requirements for
obtaining a major capital improvement rent increase. The tenant's
contention is insufficient to warrant revocation of the rent increase
since the work performed is of a building-wide nature and inures to the
benefit of all tenants.
On the basis of the entire evidence of record, it is found that the
Administrator's order is correct and should be affirmed.
DOCKET NUMBER: GC 610202-RT
THEREFORE, in accordance with the applicable provisions of 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 the
Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA