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
APPEALS OF DOCKET NOS.:
VARIOUS TENANTS, 209 PROSPECT GH220079RT/GH210080RT
PARK WEST, BROOKLYN, NY
PETITIONERS : RENT ADMINISTRATOR'S
------------------------------------X DOCKET NO.: EK230200OM
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenants timely filed administrative
appeals against an order issued on July 29, 1992 by the District
Rent Administrator (Gertz Plaza, Jamaica, New York) concerning the
housing accommodations known as 209 Prospect Park West, Brooklyn,
New York, various apartments, wherein the Administrator granted the
owner's major capital improvement (MCI) application. The
Administrator authorized a rent increase adjustment for new
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeals.
Since these appeals pertain to the same building and involve common
issues, they have been consolidated for a disposition herein.
The owner commenced this proceeding by filing an application with
the Division for a rent increase predicated on the installation of
new windows on a building-wide basis.
In response to the application, various tenants filed answers in
opposition to the requested rent increase stating that the owner
allowed the windows to deteriorate beyond repair; and that they did
not request new windows nor did they consent to payment for same in
the form of a rent increase.
In their administrative appeals, the tenants of apartments 1R, 2R
and 3R contend, in substance, that installation is incomplete as
the owner failed to install window screens. Furthermore, tenant of
apartment 2L alleged that the existing windows were in proper
working order and thus did not need replacement.
In response to the appeals filed by the tenants the owner stated
that the window frames were rotten and had not been replaced for
more than 30 years.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeals
should be denied.
ADMIN. REVIEW DOCKET NO.: GH210075RT, et al
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 record confirms that the owner substantiated its application by
the submission of various supporting documents including a contract
and cancelled checks; and that the Administrator authorized an
appropriate rent increase for the windows based on the proven cost
of same. Furthermore, the Commissioner notes that tenant consent
to a major capital improvement installation is not required, nor is
it sufficient to warrant revocation of the Administrator's
With regard to the contentions of the tenants in apartments 1R, 2R
and 3R, the record discloses that the allegation with respect to
missing screens was not raised in the proceeding below and
therefore cannot be considered for the first time on this appeal.
The Commissioner notes that this order is issued without prejudice
to the tenants (or any one of them) filing complaints with this
Division based on a reduction in services if the facts so warrant.
On the basis of the entire evidence of record, it is found that the
Administrator's order is correct and should be affirmed.
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 Operation Bulletin 84-1, it is
ORDERED, that the administrative appeal be, and the same hereby is
JOSEPH A. D'AGOSTA