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.: GK430114RT
APPEALS OF GK430115RT
GK430116RT
GK430118RT
GL430060RT
Various Tenants of GL430215RT
210 West 94th Street, GL430217RT
New York, New York HA430071RT
HB430112RT
RENT ADMINISTRATOR'S
PETITIONERS DOCKET NO: ED430098OM
------------------------------------X
ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
The above-named petitioner-tenants filed and/or refiled
administrative appeals against an order issued on October 19, 1992
by the Rent Administrator (92-31 Union Hall Street, Jamaica, New
York) concerning the housing accommodations known as 210 West 94th
Street, New York, 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 thermal windows
and a new entrance door, and an elevator upgrading (including
controller/selector).
In their petitions, the tenants contend, in substance, that the
work performed was in nature of repairs or maintenance; that the
items were not installed in a workmanlike manner and do not work
properly; that the items were installed for the benefit of the
owner and the shareholders; that the rent increase is excessive;
and that the owner is not maintaining services.
In reply to the petitions the owner asserts, in substance, that the
tenants have not set forth any basis for revocation of the
Administrator's order; that the subject premises consists of rental
units only and there are no plans to convert it to a cooperative or
condominium; that the rent increase is justified; and that the
subject improvements were properly installed and completed in a
workmanlike manner.
Adm. Rev. Docket No. GK430114RT et. al.
After careful consideration, the Commissioner is of the opinion
that this petition should be remanded for further consideration.
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 discloses that the owner substantiated its application
in the proceeding below by submitting to the Administrator
documentation in support thereof, including copies of contracts for
the improvements, contractors' certifications and cancelled checks.
Several tenants, including all of the petitioner-tenants, raised
complaints regarding the quality and adequacy of the entrance door
installation and the elevator upgrading during the proceeding
below. Also, the petitioner-tenant residing in Apartment 7F
complained that the windows in her apartment had not been
satisfactorily completed.
On June 25 and 26, 1992 physical inspections of the subject
premises were conducted by a DHCR staff member who reported that
the entrance doors were secure. However, the record discloses that
the quality and adequacy of the elevator upgrading and of the
window installation in Apartment 7F were not considered in the
proceeding below. The Commissioner therefore finds that this
proceeding should be remanded to the Rent Administrator for such
further processing as may be deemed necessary including, but not
limited to, a physical inspection of the subject premises with
respect to said installations.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Rent and Eviction Regulations for New York City, it is
Adm. Rev. Docket No. GK430114RT et. al
ORDERED, that these proceedings be, and the same hereby are,
remanded to the Rent Administrator for further consideration in
accordance with this order and opinion. The automatic stay of so
much of the Rent Administrator's order as directed a retroactive
rent increase for the rent-stabilized tenants (which stay took
effect upon the filing of the petitions for administrative review)
is hereby continued until a new order is issued upon the remand.
However, the Administrator's determination as to a prospective rent
increase is not stayed and shall remain in effect until the
Administrator issues a new order upon the remand.
ISSUED:
JOSEPH A. D'ACOSTA
Deputy Commissioner
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