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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:GE 210037-RO
:
RENT ADMINISTRATOR'S
HOWARD DREISES, ESQ. DOCKET NO.:ZED 210185-RO
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 1, 1992 the above-named petitioner-owner filed an
administrative appeal against an order issued on March 27, 1992, by
the District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning housing accommodations known as various
apartments of 210 Canton Avenue, Brooklyn, New York.
The owner commenced the proceeding below by filing on April 9, 1990
an application for a major capital improvement (MCI) rent increase
for stabilized apartments in the premises based on an elevator
upgrade. The owner submitted documentation in support of the
application, including a copy of the contract, the contractor's
certification, government approval and cancelled checks for the
work herein.
The District Rent Administrator's order, appealed herein, denied
the application stating the "owner/applicant failed to file the
application within two years from the completion date of
installation as per evidence in the file."
On appeal, the petitioner-owner states, in substance, that "the
application was filed timely, within two years from the completion
date of installation. Completion was on April 13, 1988 and the
application was filed on April 9, 1990."
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Section 2522.4 (a)(8) of the Rent Stabilization Code precludes a
rent increase for a major capital improvement when the application
is filed more than two years after the completion of the
installation, not the date of issuance of any required governmental
certificate. While the applicable section of the code envisions
such governmental sign-offs be submitted with the application to be
filed within two years of the physical completion of the work, the
code provides that where there is a delay in obtaining such
approvals, the application is to be accepted provided it is
accompanied with proof that a request for such governmental
DOCKET NUMBER: GE 210037-RO
approval has been made within two years of the completion of the
installation. The completion date of an installation is not when
final payment is made or government approvals obtain but rather
when the installation is operable.
In the instant case the record discloses that the elevator work was
signed off by the Department of Buildings on December 1987 as
evidence by a elevator use permit which found the work performed
pursuant to the application filed with the Department of Buildings
complied with the terms of said application, thus the elevator was
fully operational. Therefore the Rent Administrator properly
disallowed a rent increase for the elevator upgrade based on the
fact that the application was not filed within two years of
completion.
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
denied; and that the Administrator's order be, and the same hereby
is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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