DOCKET NUMBER: GH 110133-RT, et al.
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.:GH 110133-RT
: GH 110134-RT
WILLIAM WATSON, GEORGE KIOURTSIS, GH 110135-RT
KALLIOPI THEMISTOCLEOUS, GI 110024-RT
BERTHA BENAVIDES PETITIONERS :
------------------------------------X RENT ADMINISTRATOR'S
DOCKET NO.: FB 110003-OM
ORDER AND OPINION REMANDING PETITIONS FOR ADMINISTRATIVE REVIEW
The above named petitioners-tenants timely filed petitions for
Administrative Review against an order issued on July 23, 1992 by the Rent
Administrator, Gertz Plaza, Jamaica, New York, concerning the housing
accommodations known as 30-41 41st Street, Astoria, New York, various
apartments, wherein the Rent Administrator determined that the owner was
entitled to a rent increase based on a major capital improvement (MCI).
The Commissioner deems it appropriate to consolidate these Administrative
Appeals for determination under this order and opinion as they involve
common issues of law and fact.
The owner commenced the proceeding below by filing its MCI application in
February of 1991. In response to the owner's application, three tenants
filed answers contending, in substance, that they did not request or
approve this work; that the landlord upgraded the existing thermal windows
for his personal reasons; and that photographic evidence can be provided
The Rent Administrator's order, appealed herein, granted a major capital
improvement (MCI) rent increase based on the installation of new apartment
windows at a total approved cost of $8,740.00.
In their petitions for administrative review, the tenants request a
reversal of the Administrator's order and contend, in substance, that on
December 15, 1989 the landlord told them that he was going to install new
thermal windows and asked them to sign an agreement to accept the new
windows and have the cost of same added to their leases; that the new
windows were not necessary as all the apartments had existing thermal
windows; and that they did not consent to the replacement of windows.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this proceeding should be remanded to
the Rent Administrator for further processing as provided hereinbelow.
Rent increases for major capital improvements are authorized by Section
2522.4 of the Rent Stabilization Code for rent stabilized apartments.
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
DOCKET NUMBER: GH 110133-RT, et al.
structure; and replace an item whose useful life has expired.
With respect to the tenants' contention regarding the landlord asking them
to sign an agreement to accept the new windows and have the cost of same
attached to their leases, the Commissioner notes that this issue has no
effect on the order as the tenants did not sign the agreement nor did the
owner actually charge the tenants any monies for the windows prior to the
Administrator's order being issued.
As to the tenants contention regarding their consent, the Commissioner
further notes that tenants' consent to a major capital improvement rent
increase is not required.
As to the tenants' allegation that their old windows were thermal windows,
the record discloses that the owner claimed on the application that the old
windows were sixty years old (pre-thermal windows) and that the issue of
age of the windows was not addressed by the Administrator.
Accordingly, the Commissioner deems it appropriate to remand this
proceeding to the Rent Administrator for such further processing as may be
necessary in order to ascertain the actual age of the old windows.
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, it is
ORDERED, that these administrative appeals be, and the same hereby are
granted to the extent of remanding these proceedings to the Rent
Administrator for further processing 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 is hereby continued until a new
order is issued upon the remand. However, the Administrator's
determination as to the prospective rent increase is not stayed and shall
remain in effect until the Administrator issues a new order upon the
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner