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
APPEAL OF DOCKET NOS.:HD130042RT/
VARIOUS TENANTS OF 34-60 11TH ST. HD130050RT/HD130051RT
PETITIONER : RENT ADMINISTRATOR'S
------------------------------------X DOCKET NO.: FB130090OM
ORDER AND OPINION GRANTING IN PART PETITIONS FOR
ADMINISTRATIVE REVIEW AND MODIFYING RENT ADMINISTRATOR'S ORDER
The above-named petitioner-tenants timely filed administrative
appeals against an order issued on March 12, 1993 by the Rent
Administrator (Gertz Plaza, Jamaica, New York) concerning the
housing accommodations known as 35-60 11th Street, Astoria, New
York, various apartments, wherein the Administrator granted the
owner's major capital improvement (MCI) rent increase application
based on the installation of rewiring.
Since these petitions pertain to the same building and involve
common issues of law and fact, these appeals have been consolidated
for a uniform determination.
On appeal the petitioner-tenants state, in substance, that the
owner merely installed a circuit breaker box and one (1) kitchen
outlet in their respective apartments, therefore the owner should
not be entitled to a rent increase.
In response to the tenants' petition, the owner states, in
substance that the work completed was inspected and approved by the
City of New York as evidenced by the Certificate of Electrical
Inspection. Furthermore, the tenants should realize that the
installation of circuit breakers is for their own safety, as the
chances of an electrical fire is greatly reduced.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that these administrative appeal
should be granted in part, and that the Rent Administrator's order
should be modified in accordance with this order and opinion.
At the outset, the Commissioner notes that for an electrical
upgrading to qualify as an MCI under current procedures, the job
requires the installation of new electric service to the building,
new copper risers and feeders extending from the property box in
the basement to every housing accommodation of sufficient capacity
at the apartment panel to accommodate the installation in the
living room and bedroom of air-conditioner circuits and outlets as
well as the installation of two duplex outlets in the kitchen to
accommodate heavy duty appliances. In addition, the tenants must
be given the option of having air-conditioning outlets installed in
ADMIN. REVIEW DOCKET NO.: HD130042RT et al.
their apartments at cost to the tenants. The record herein
discloses that the owner substantiated its MCI application for the
rewiring work in the proceeding below by submitting to the
Administrator copies of the contract, cancelled checks, the
contractor's certification, and the Certificate of Electrical
Inspection issued by the NYC Bureau of Electrical Control for the
work in question, the governmental agency having jurisdiction for
the verification and the approval thereof. However, the record
does not disclose that the tenants were given the option of having
air-conditioner outlets installed in their apartments. Therefore,
the Administrator's order should be amended to add ATTACHMENT TO
MCI ORDER FOR REWIRING annexed herein.
This order and opinion is issued without prejudice to the tenants'
right to file an application for a rent reduction based on a
diminution of building-wide and/or individual apartment services,
including electrical services, if the facts so warrant.
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, it is
ORDERED, that these administrative appeals be, and the same hereby
are, granted in part, and that the Administrator's order be, and
the same hereby is, modified in accordance with this order and
opinion, and as so modified, said order is hereby affirmed.
JOSEPH A. D'AGOSTA
ADMIN. REVIEW DOCKET NO.: HD130042RT et al.
ATTACHMENT TO MCI ORDER FOR REWIRING
It is directed that the owner shall comply with the following
procedures for accommodating each apartment to the air conditioning
needs of tenants of all apartment.
1. The owner is to notify each tenant shall within 30 days of
receipt of the notice to notify the owner whether he/she wishes an
air is installed. The tenant shall be limited in this request to
the living room and bedrooms. The tenants shall be offered the
option of paying outright the current cost of installing each heavy
duty air conditioning outlet installed by the owner in which event
there shall be no monthly increase in rent for each installation
and such one-time charge shall not be deemed part of the monthly
rent for the purposes of renewal. Or, in the alternative, the
tenant may elect a monthly increase in the monthly rent, in which
event the rent may be increased by 1/84th of the cost of the
conditioning outlets upon completion of the installation without
further order of the Rent Administrator. Any questions arising in
the course of complying with this order may be brought to the
attention of the Rent Administrator.
2. Where a tenant has an air conditioner installed as of this date
connection to a general purpose outlet, the owner shall install an
air conditioning outlet for such air conditioner without the
request of the tenant presently in occupancy. In such case, the
major capital improvement increase based on 1/84th of the cost of
the installation of the additional air conditioning outlet subject
to the tenant's right to elect to pay the full cost of the
installation in lieu of the obligation of any monthly major capital
improvement increase as herein above set forth.
3. Upon the elapse of 30 days from the date of the notice,
subsequent requests by tenants for additional air conditioning
outlets will be honored by the owner based on the tenant's written
consent to pay a monthly increase equivalent to the 1/40th of the
Code, provided however, that such tenant may elect, in lieu of a
monthly rent increase, to pay the cost of the installation in one
lump sum as hereinabove set forth.
The installation of air conditioning outlets, as required in items
1 and 2 above shall be completed within three (3) months from the
date of issuance of this order of the Commissioner. Should the
owner fail to comply, the increase provided herein may be rescinded
upon the application by the affected tenant or the Rent
Administrator may take such other action as the Administrator deems