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 Nos.: GJ120083RT
APPEALS OF GJ110123RT/ GJ110108RT
VARIOUS TENANTS OF GJ110119RT/ GJ110120RT
96-04 AND 96-10 37TH AVENUE, GJ110127RT/ GJ120128RT
Corona, New York
DOCKET NO.: ZFA-130156-OM
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The petitioner-tenants timely filed administrative appeals against
an order issued on September 11, 1992, by the Rent Administrator
(92-31 Union Hall Street, Jamaica, New York) concerning the housing
accommodations known as 96-04 and 96-10 37th Avenue, Corona, New
York, various apartments, wherein the Administrator granted major
capital improvement (MCI) rent increases for the controlled and
stabilized apartments in the subject premises based on the
installation of new apartment windows at the premises.
The owner commenced this proceeding below by filing its MCI
application on January 28, 1991. In support of its application,
the owner submitted copies of the contracts, invoice, contractor's
statement and cancelled checks.
On appeal, the petitioner-tenants state, in substance, that it was
an error to award an MCI rent increase because the old windows were
over 60 years old and needed to be replaced in order to correct a
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that these administrative appeals
should be denied.
ADMIN. REVIEW DOCKET NO. GJ-1120083-RT
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.
It is the established position of the Division that the building-
wide installation of windows which are 25 or more years old, as in
the instant case, qualifies as an MCI. The fact that the
installation was made to eliminate a Housing Code violation does
not bar an owner from receiving an MCI rent increase.
The evidence of record in the instant case indicates that the owner
correctly complied with the application procedures for an MCI and
that the Rent Administrator properly computed the appropriate rent
increases. On the other hand, the tenants had not submitted any
evidence to prove that the increases should be revoked.
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 Operational Bulletin 84-1, it is
ORDERED, that these administrative appeals be, and the same hereby
are denied; and that the Administrator's order be, and the same
hereby is affirmed.
Joseph A. D'Agosta