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 Nos.: GF610026RT,
APPEALS OF GF610311RT, GG610265RT
VARIOUS TENANTS OF
2433 VALENTINE AVENUE RENT ADMINISTRATOR'S
BRONX, NY DOCKET NO.: FA630107OM
PETITIONERS
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenants timely filed or re-filed
petitions for administrative review (PARs) against an order issued
on May 4, 1992, by a Rent Administrator (Gertz Plaza) concerning
the housing accommodations known as 2433 Valentine Avenue, Bronx,
New York, various apartments, wherein the Rent Administrator
determined that the owner was entitled to a rent increase based on
the installation of a major capital improvement (MCI).
The Commissioner deems it appropriate to consolidate these
petitions for disposition since they pertain to the same order and
involve common issues of law and fact.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by these administrative appeals.
The owner commenced this proceeding on January 23, 1991, by
initially filing an application for a rent increase based on the
installation of the following items at a total cost of $19,925.00:
a) apartment windows; and
b) roof and coping stones.
Subsequently, the owner withdrew that portion of the application
related to the roof installation resulting in a total claimed cost
of $18,750.00.
The tenants responded to the owner's application by either agreeing
with the application or indicating a dissatisfaction with the
imposed increase for financial reasons.
The owner did not respond to the tenants' allegations below.
ADMIN. REVIEW DOCKET NOS. GF-610026-RT; GF-610311-RT; GG-610265-RT
On May 4, 1992, the Rent Administrator issued the order here under
review finding that the installation qualified as an MCI,
determining that the application complied with the relevant laws
and regulations based upon the supporting documentation submitted
by the owner, and allowing appropriate rent increases for rent
controlled and rent stabilized tenants.
The tenants raised on appeal essentially the same allegations as
those which they raised below. The tenants additionally complained
of service problems related to the intercom system and mailboxes.
In response to the tenants' petitions, the owner contends, in
substance, that the allegations have no merit.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that these petitions should be
denied.
Rent increases for major capital improvements are authorized by
Section 2202.4 of the Rent and Eviction Regulations for rent
controlled apartments and Section 2522.4 of the Rent Stabilization
Code for rent stabilized apartments. 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.
The evidence of record in the instant case indicates that the
allegations raised on appeal are irrelevant to the MCI herein and
therefore, there are no issues to be determined by the Commissioner
at this time.
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ADMIN. REVIEW DOCKET NOS. GF-610026-RT; GF-610311-RT; GG-610265-RT
However, the Commissioner deems it appropriate to mention that this
order and opinion is issued without prejudice to the right of the
tenants to file, with the DHCR, apartment services complaint with
respect to individual apartments in need of service and/or
building-wide service complaints with respect to the condition of
the building entrance doors and the intercom system which may
result in reductions from the current rents, if the facts so
warrant; and that tenants possessing a valid Senior Citizen Rent
Increase Exemption (SCRIE) may be eligible for some relief from the
increase herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations, it is
ORDERED, that these petitions be, and the same hereby are, denied;
and that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
____________________
Joseph A. D'Agosta
Deputy Commissioner
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