Ansonia Residents' Ass'n v. New York State Division of Housing & Community Renewal

141 Misc. 2d 224, 533 N.Y.S.2d 175, 1988 N.Y. Misc. LEXIS 635
CourtNew York Supreme Court
DecidedJuly 8, 1988
StatusPublished
Cited by1 cases

This text of 141 Misc. 2d 224 (Ansonia Residents' Ass'n v. New York State Division of Housing & Community Renewal) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ansonia Residents' Ass'n v. New York State Division of Housing & Community Renewal, 141 Misc. 2d 224, 533 N.Y.S.2d 175, 1988 N.Y. Misc. LEXIS 635 (N.Y. Super. Ct. 1988).

Opinion

OPINION OF THE COURT

Kristin Booth Glen, J.

These three CPLR article 78 proceedings are from the same applications and order of the New York State Division of Housing and Community Renewal (DHCR) and involve the applications for major capital improvement (MCI) increases by Ansonia Associates (hereinafter the Owner) for the installation of a trash compactor, and work done on the heating, elevator, and electrical systems, and the waterproofing and pointing of the exterior of the building. The tenants are represented by two groups which each brought separate proceedings: the Ansonia Residents’ Association (hereinafter the Association) and by Thomas Soja as president of the Ansonia Tenants Coalition (hereinafter the Coalition).1

After determinations by the Local Rent Administrator of the MCI applications, the parties filed petitions for administrative review (PARs) concerning portions of each of the decisions. After the PARs were completed, the Commissioner of the DHCR disallowed the increases granted for the electrical system work and the waterproofing and pointing, but allowed some increases for work on the elevator and heating systems and for the installation of the garbage compactor.

The Association filed its proceeding on March 24, 1987, and it was assigned to . me. The Coalition’s proceeding entered the Individual Assignment System one day later, on March 25, 1987, and was initially assigned to the Honorable Jawn A. Sandifer. On April 1, 1987, a third related proceeding was commenced by the Owner and was assigned to Justice Kirschenbaum. On April 28, 1987, the Coalition’s proceeding was referred to me, Justice Sandifer being assigned to the Appellate Term.

Subsequently, by motion returnable October 27, 1987, before [226]*226Justice Kirschenbaum, the DHCR moved to consolidate all three proceedings before one Judge. The Owner supported the motion; the Association opposed it. In his November 6, 1987 decision and order, Justice Kirschenbaum granted the motion, consolidated the proceedings and referred the three of them to me, before whom 2 of the 3 had already been pending, and to whom the first of the three proceedings to be assigned to any Judge, the Association’s, had been referred.

In its petition, the Owner seeks to reverse Commissioner’s disallowance of the increases for the. electrical work and waterproofing, and seeks to increase the percentages allowed for the trash compactor, and heating and elevator work. The Tenants’ petitions challenge those parts of the DHCR’s order which granted the Owner any increases for the trash compactor installation and work done on the elevator and heating systems. The Tenants also argue on an important and previously unresolved issue,2 that the DHCR failed to amortize the MCI increases as required by the Rent Stabilization Law (Administrative Code of City of New York § 26-501 et seq.).

After full consideration of the arguments raised by the Owners and the Tenants, those portions of DHCR’s determination permitting a portion of the MCI increases sought by the Owner for. the installation of the trash compactor and the heating and elevator work done, and those portions rejecting increases for the electrical, waterproofing and pointing work, are found to have a rational basis in the record and will not, therefore, be set aside by this court. (See, Matter of Oriental Blvd. Co. v New York City Conciliation & Appeals Bd., 92 AD2d 470 [1st Dept], affd 60 NY2d 633 [1983]; Matter of Korein v Conciliation & Appeals Bd., 84 AD2d 724 [1st Dept 1981], affd 57 NY2d 938 [1982].) DHCR’s finding that the allowable increases should be permanently incorporated into the base rent of each unit, however, cannot be sustained.

The Tenants have repeátedly argued that any MCI increases imposed must be removed from their rents after the Owner’s costs are recouped. DHCR has vigorously opposed this position, permitting rent increases for major capital improvements to be merged into the stabilized base rent of each apartment. As a consequence, tenants pay an increased rent [227]*227forever, and the landlord continues to extract a profit long after it has been fully reimbursed for the cost of the investment. This policy violates both the specific requirements of the Rent Stabilization Law and its general purpose. The Rent Stabilization Law mandates that: "[T]he cost [of a major capital improvements] is to be amortized over a five-year period, based upon cash purchase price exclusive of interest or service charges.” (Administrative Code of City of New York § 26-511 [c] [6] [b].) The intent of the Legislature, then, can be found in the word "amortized”.

Black’s Law Dictionary defines "amortization” as "A reduction in a debt * * * by periodic payments covering interest and part of principal * * *. The operation of paying off * * * [an] indebtedness * * * by installments * * *. An 'amortization plan’ for the payment of an indebtedness is one where there are partial payments of the principal, and accrued interest, at stated periods for a definite time, at the expiration of which the entire indebtedness will be extinguished. ” (Black’s Law Dictionary 76 [5th ed 1979]; emphasis supplied.)

A debt which is amortized thus has three elements: (1) there must be installment payments; (2) these payments must last a definite time; and (3) at the conclusion of the payments the debt must be extinguished. "[Statutory language is to be read in accordance with its ordinary and accepted meaning, unless the Legislature by definition or from the rest of the context of the statute provides a special meaning.” (McKinney’s Cons Laws of NY, Book 1, Statutes § 94.) Since the Legislature nowhere provides a separate definition of "amortize”, the word as used in the Rent Stabilization Law must retain its ordinary and accepted meaning. (Id.) The absence from the Commissioner’s decision, then, of any reference to a time when the MCI increases will be removed from the Tenants’ rents, that is, when the Owner’s costs will have been amortized, violates the Rent Stabilization Law.

The DHCR’s practice likewise contravenes the purpose of the Rent Stabilization Law to "prevent exactions of unjust, unreasonable and oppressive rents and rental agreements and to forestall profiteering, speculation and other disruptive practices”. (Administrative Code § 26-501.) Pursuant to the scheme created by the Rent Stabilization Law, the Rent Guidelines Board establishes annual rent adjustments or "fair rent increases” designed to account for most general changes in the cost of maintaining rental housing. (See, Administrative Code § 26-510 [b].) Rent increases for major capital improvements [228]*228are imposed in addition to fair rent increases and should therefore be tailored to serving their narrow purpose: reimbursing the landlord for costs actually incurred.

Other sections of the Rent Stabilization Law provide further support for this principle. First, the law states that: "A code shall not be adopted hereunder unless it appears * * * that such code: (1) provides safeguards against unreasonably high rent increases and, in general, protects tenants and the public interest”. (Administrative Code § 26-511 [c].) Here, by permitting landlords to recoup their investments many times over by imposing permanent rent increases, DHCR is both allowing unreasonably high rent increases and failing to protect the affected tenants.

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Related

Ansonia Associates v. State Division of Housing & Community Renewal
157 A.D.2d 583 (Appellate Division of the Supreme Court of New York, 1990)

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Bluebook (online)
141 Misc. 2d 224, 533 N.Y.S.2d 175, 1988 N.Y. Misc. LEXIS 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ansonia-residents-assn-v-new-york-state-division-of-housing-community-nysupct-1988.