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 NO.: HA220137RO
APPEAL OF
Sadie Schwartz,
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO: GC220005OM
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 22, 1993 the above-named landlord filed a Petition for
Administrative Review of an order issued on January 11, 1993 by a
Rent Administrator concerning the rent controlled housing
accommodations known as 767 East 10 Street, Brooklyn, New York
11230.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the Petition for Administrative Review.
The landlord commenced this proceeding on March 4, 1992 by
initially filing an application for a rent increase based on the
installation of a new water main at a total cost of $2,000.00.
The Rent Administrator's order, appealed herein, denied the owner's
application for a rent increase since the said installation does
not constitute a major capital improvement pursuant to the Rent and
Eviction Regulations.
On appeal, the landlord alleges, in substance, that the Rent
Administrator incorrectly denied the claimed cost of $2,000.00 for
the subject installation since she replaced the old, existing, lead
pipe with a new copper pipe. She further contends that the old
lead pipe was hazardous to health and that, according to the
Internal Revenue Code, the said installation is considered a major
capital improvement and not merely a repair.
After a careful consideration of the entire record, the
Commissioner is of the opinion that this petition should be denied.
Adm. Rev. Docket No. HA220137RO
With regard to the landlord's claim that the subject installation
qualifies as a major capital improvement, the Commissioner notes
that the said installation does not constitute a major capital
improvement in accordance with long-standing agency policy, unless
performed in conjunction with a related MCI such as adequate
plumbing, or repiping which was not the case in the instant matter.
On the basis of the entire evidence of record, the Commissioner
finds that the Administrator's order is correct and should be
affirmed.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied, and
the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|