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

          ------------------------------------X   ADMINISTRATIVE REVIEW
          IN THE MATTER OF THE ADMINISTRATIVE     DOCKET NO.: GA210087RT
          APPEAL OF                                           

               JANET PEREZ NAZARIO
                                                  RENT ADMINISTRATOR'S
                               PETITIONER         DOCKET NO.: DI210192OM
          ------------------------------------X
          ORDER AND OPINION GRANTING IN PART PETITION FOR ADMINISTRATIVE 
          REVIEW

          The above-named tenant timely refiled a petition for administrative 
          review (PAR) against an order issued on November 4, 1991 by the 
          Rent Administrator (Gertz Plaza) concerning the housing 
          accommodation known as 300 East Second Street, Apartment 3B, 
          Brooklyn, New York, wherein the Rent Administrator determined that 
          the owner was entitled to a rent increase based on a major capital 
          improvement (MCI).

          The Commissioner has reviewed all of the evidence on the record and 
          has carefully considered that portion of the record relevant to the 
          issue raised by this Administrative Appeal.

          The owner commenced this proceeding on September 26, 1989 by 
          initially filing an application for a major capital improvement 
          rent increase predicated on the building-wide installation of 
          apartment windows, at the subject premises, at a total claimed cost 
          of $19,580.00.  The owner submitted various supporting 
          documentation, including copies of contracts and cancelled checks, 
          substantiating those costs associated with the window installation.

          In response to the owner's application, three tenants filed answers 
          stating, in substance, that the tenants were never asked if they 
          wanted new windows; that the old windows were rotten and were 
          falling apart; and that the requested rent increase was too high.  
          There, however, were no specific complaints raised that were 
          pertinent to the installation.  The petitioner-tenant did not 
          submit any response to the owner's application.

          On November 4, 1991 the Rent Administrator issued the order here 
          under review finding that the building-wide installation of 
          apartment windows qualified as a major capital improvement, 


















          ADMIN. REVIEW  DOCKET NO.: GA210087RT


          determining that the application complied with the relevant laws 
          and regulations based upon the supporting documentation submitted 
          by the owner and allowing rent increases for all the apartments 
          based upon the approved cost of $19,580.00.

          In her petition for administrative review the tenant contends, in 
          substance, that the Rent Administrator's order states that her rent 
          will be increased by $6.40 per room per month; that she has a four- 
          room apartment; that windows were only installed in three of the 
          four rooms; and that her increase should, therefore, be computed on 
          a three-room, room count basis.

          In response to the tenant's petition, the owner contends, in 
          substance, that the tenant indeed has a four-room apartment; that 
          windows were only installed in three of the four rooms; that the 
          fire-proof window in the kitchen was not changed because the tenant 
          refused to have it replaced; that the said fire-proof window in the 
          kitchen was not included in the total cost of the work done;
          and that he, the owner, accepts the increase, as suggested by the 
          tenant, of $6.40 per room for three rooms, that is a total increase 
          of $19.20 per month for the said tenant, Apartment 3B.

          After a careful consideration of the entire evidence of record, the 
          Commissioner is of the opinion that this petition should be granted 
          in part.

          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; be required for the operation, preservation, and 
          maintenance of the structure; and replace an item whose useful life 
          has expired.

          The Commissioner notes that the building-wide replacement of 
          apartment windows qualifies as a major capital improvement for 
          which an increase may be warranted.  The record indicates that the 
          owner substantiated his application by submitting copies of the 
          contract and cancelled checks.  The record confirms that the owner 
          correctly complied with the applicable procedures for a major 
          capital improvement rent increase.

          The Commissioner finds that new windows were installed in only 
          three of the four rooms in Apartment 3B; that the tenant has agreed 


                                           2










          ADMIN.  REVIEW  DOCKET NO.: GA210087RT


          to pay and the owner has agreed to accept an increase of $6.40 per 
          room for three rooms since the window in the kitchen was not 
          replaced due to the special and distinct characteristics thereof. 
          (See Policy Statement 89-6).

          THEREFORE, in accordance with the Rent Stabilization Law and Code, 
          it is

          ORDERED, that this petition be, and the same hereby is, granted in 
          part.  The Rent Administrator's order is, therefore, modified to 
          the extent that with regard to Apartment 3B, the owner may only 
          collect an increase based on a three-room room count.  The order 
          and determination of the Administrator is hereby affirmed in all 
          other respects.



          ISSUED:

                                                     ------------------------
                                                        JOSEPH A. D'AGOSTA 
                                                        Deputy Commissioner






















































    

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