STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
-------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: GD430053RO
DOCKET NO.: EA430232OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 1, 1992 the above-named petitioner-owner filed an
administrative appeal against an order issued on March 12, 1992, by
the Rent Administrator (Gertz Plaza, Jamaica, New York) concerning
the housing accommodations known as 129 Mott Street, New York, New
York, various apartments, wherein the Rent Administrator denied
major capital improvement (MCI) rent increases for the rent
controlled and rent stabilized apartments in the subject premises
based on the installation of a new boiler/burner.
The owner commenced the proceeding below by filing with the
Division on January 9, 1990 an MCI rent increase application for
both rent controlled and rent stabilized apartments. The owner
stated in its application (RA-79 Supplement I) that the applicable
governmental permits and/or certificates of operation were
On January 18, 1990, the Division of Housing and Community Renewal
(DHCR) notified the owner that its MCI application was incomplete
in that it was missing two permits/approvals: B Form 15 & B Form
On January 26, 1990, the owner submitted to DHCR copies of: the
Certificate of Approval for Oil Burning Installation; Notice of
Proposed Steam or Hot Water Boiler Installation; Oil Burning
Equipment Application; a statement that the installation is not an
asbestos project; and a copy of the approved plan.
Several tenants submitted responses objecting to the owner's MCI
application, and complained of inadequate heat and hot water.
On January 14, 1992, DHCR requested from the owner the Certificate
of Electrical Inspection for the subject installation. The owner
was also directed to submit a reply to the tenants' complaints.
The owner responded on February 18, 1992 by requesting an extension
to comply with the request and stated that:
ADMIN. REVIEW DOCKET NO. GD-430053-RO
the contractor who installed the boiler/burner has just
put in an order to obtain the Certificate of Electrical
The owner did not submit any reply to the tenants' complaints of
inadequate heat and hot water.
On March 12, 1992, the Rent Administrator issued the order here
under review denying the owner's application based on the owner's
failure to provide all the required permits and approvals.
On appeal the petitioner-owner contends, in substance, that the
DHCR arbitrarily denied his application based on his failure to
submit the Certificate of Electrical Inspection (form BEC16a), and
that it should receive said certificate shortly.
In response, one tenant urged that the owner's petition be denied
due to its failure to submit the Certificate of Electrical
Inspection in a timely manner.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
Despite the owner's statement in its application that all
applicable governmental permits and/or certificate of operation
were attached, the evidence of record indicates that the owner
failed to comply with MCI application procedures by failing to
submit the requisite Certificate of Electrical Inspection.
Moreover, when the Division requested the missing certificate on
January 14, 1992 (two years after the owner's filing of its
application), the owner had not even applied for the certificate.
More importantly, the record discloses that the owner failed to
address the tenants' complaints of inadequate heat and hot water,
although requested to do so by the Division on January 14, 1992.
Accordingly, the Commissioner finds that the Administrator
correctly denied the owner's application.
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 this administrative appeal be, and the same hereby
is, denied, and that the Rent Administrator's order be, and the
same hereby is, affirmed.
Joseph A. D'Agosta