OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

      APPEALS OF                             DOCKET NOS.: GE 610027-RT
                                          :               GE 620040-RT
        VARIOUS TENANTS OF                                GF 610045-RT
      2475 PALISADES AVENUE,                              GF 610113-RT
      BRONX, NY             PETITIONERS   :                           
                                             RENT ADMINISTRATOR'S
                                             DOCKET NO.: DL 630153-OM


      Various tenants timely filed or refiled Administrative Appeals against an 
      order issued on March 27, 1992 by a Rent Administrator, 92-31 Union Hall 
      Street, Jamaica, New York, concerning the housing accommodations known as 
      2475 Palisades Avenue, Bronx, New York, Various Apartments, wherein a Rent 
      Administrator granted a major capital improvement (MCI) rent increase for 
      the controlled and stabilized apartments in the subject premises based on 
      the installation of apartment/hallway windows.

      On December 21, 1989, the owner filed an application for a rent increase 
      based on the installation of new prime windows at the subject premises.

      On April 3, 1990, the Division of Housing and Community Renewal served each 
      tenant with a copy of the application and afforded them an opportunity to 
      review it and comment thereupon.  Various tenants responded stating 
      objections not pertinent to the installation; the tenants of apartments 1D, 
      3D, 4D, 6A and 6D responded alleging that windows in their apartments are 
      defective.  Copies of the tenants' allegations were forwarded to the owner 
      who responded by stating that 

      In their petitions for administrative review the tenants of apartments 3B, 
      3D, 4D, and 6D request reversal of the Rent Administrator's order alleging 
      that windows are defective.

      In answer to the tenants' petitions the owner responded submitted invoices 
      from the window company signed by tenants of apartments 3D and 6D, showing 
      that some windows were replaced and repaired.

      However, the tenants of apartments 3D and 6D responded stating that no 
      repairs had been performed.

      After careful consideration 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 


          DOCKET NUMBER: GE 610027-RT, et al.
      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 in the instant case indicates that the tenants' allegations were 
      forwarded to the owner on January 29, 1991 and January 9, 1992.  On January 
      24, 1992 the owner responded stating that all required repairs had been 
      made.  Copies of the owner's response were forwarded to the tenants to 
      confirm whether or not the windows had been repaired.  No tenant responses 
      were received however the Rent Administrator acted properly in deeming the 
      owner's assertion admitted in the absence of any tenant response to the 

      This order is issued without prejudice to the tenants' right to file an 
      application for a rent reduction based upon a decrease in services, should 
      the facts so warrant.

      THEREFORE, in accordance with the Rent Stabilization Law and Code, and the 
      Rent and Eviction Regulations for New York City, it is

      ORDERED, that these petitions be, and the same hereby are, denied and that 
      the Rent Administrator's order be, and the same hereby is, affirmed.


                                           JOSEPH A. D'AGOSTA
                                       Acting Deputy Commissioner


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