CITIZEN TENANT

[citizentenant]

Very helpful to understanding (or beginning to) the realities of DHCR and, should it come to that, how an Article 78 works — or doesn’t:

https://scholar.google.com/schhp?hl=en&as_sdt=4,33

[citizentenant]

TERRIFIC RESOURCE:

http://www.hcc-nyc.org/legalservices/housinglinks.htm

[citizentenant]

DHCR's Major Capital Improvement Policy Upheld

A useful article from New York Law Journal:

http://www.rosenbergestis.com/New-York-Law-Journal-Articles/DHCR-s-Major-Capital-Improvement-Policy-Upheld.pdf

[citizentenant]

IN THE MATTER OF APPLICA...t 2009 - Google Scholar.pdf

Of note in this Article 78, court supports DHCR’s determination that the elevator did not need to be of actual use to all the tenants:

Marbru [Landlord] contends that DHCR miscalculated the MCI rent increases because: (1) it did not consider that elevator upgrade improvements were made to elevators used solely by the residential tenants at 35th Street; ... ; (3) it based the 36th Street order on an incorrect allocation of commercial vs. professional tenants in the building; and (4) it disregarded the fact that seven of the professional apartments at 36th Street had private entrances from the street or ground­ floor lobby and thus received no benefit from the elevator upgrade....

As to its denial of the 36th Street PAR, DHCR argues that its prior order was based on a review of the record and had a rational basis because the elevator work benefited all commercial and residential tenants in that the integrity of the building was maintained.

...

Rent Stabilization Code §2524.4(a)(2) provides that a landlord may file with DHCR an application to raise rents throughout a building where the landlord performs MCI work and the work is (1) deemed depreciable under the Internal Revenue Code, other than for ordinary repairs; (2) for the operation, preservation, and maintenance of the structure; and (3) an improvement to the building or the building complex which inures directly or indirectly to the benefit of all tenants.

[citizentenant]

We note at the outset that our review of DHCR's interpretation of the statutes it administers is limited. "Where the interpretation of a statute or its application involves knowledge and understanding of underlying operational practices or entails an evaluation of factual data and inferences to be drawn therefrom, the courts regularly defer to the governmental agency charged with the responsibility for administration of the statute. If its interpretation is not irrational or unreasonable, it will be upheld....DHCR's determination that an alteration constitutes a major capital improvement.... necessarily entails the agency's expertise in evaluating factual data and is entitled to deference if not irrational or unreasonable..

2010 NY Slip Op 30176(U)

In the Matter of the Application of the 219 EAST 69th STREET TENANTS ASSOCIATION and its constituent members, Petitioner, For a Judgment pursuant to Article 78 of the Civil Practice Law and Rules v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, And 219 EAST 69th STREET, LLC, Intervenor­ Respondent.

112077/2009

Supreme Court, New York County

January 26, 2010 Motion Date: January 22, 2010.

[citizentenant]

IN THE MATTER OF 219 E. ...t 2010 - Google Scholar.pdf

Tenants lose Article 78, having asserted:

“DHCR inspectors failed to examine even a significant fraction of the windows in the subject building....

And, DHCR arbitrarily granted rent increases for various other alleged improvements on the basis of an application [by Landlord] that, upon information and belief, was replete with material omissions, mistakes and shady additions; ... ; and where there was inadequate documentation to support the boiler replacement; and commercial unit allocations were wrongly calculated.”

[citizentenant]

Facts about 517W113 including building’s current market value and “Complaints, Violations & Permits”:

http://apartable.com/buildings/517-west-113-street-manhattan

[citizentenant]

This is the back of one of the fifteen 2012 roof photos submitted to DHCR as evidence of TELECOM TENANCY at 517 West 113.

There are two MCIs in play at DHCR:

Elevator MCI Docket AN43005OM and related BO430061RT

Boiler MCI Docket BP430014OM

You can check the status of each at:

https://www1.dhcr.state.ny.us/casestatus/

Enter the Docket Number.

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[citizentenant]

Verizon and AT&T equipment in the basement of 517 West 113. M&M Coin Laundries of Whitestone, NY was the only named “commercial tenant” in Landlord’s initial MCI (elevator) filing. NOTE that TELECOM likely also occupies basement interior space behind locked doors. http://citizentenant.tumblr.com/archive

[citizentenant]

2012 photos of TELECOM roof infrastructure.

http://citizentenant.tumblr.com/archive

[citizentenant]

Why is there a cell phone farm on the roof of my building?

http://www.nyc.gov/html/dob/downloads/pdf/code_notes_antenna-cellular-telecom-alterations.pdf

This NYC publication doesn’t answer that question, but perusing it can’t hurt.

Have you found something interesting about cell phone farms atop city buildings? Please pass along the link to [email protected].

http://citizentenant.tumblr.com/archive

[citizentenant]

The secondary well at 517 West 113th Street. Fully measured, what is the extent of TELECOM TENANCY? How many interior basement spaces, locked to residential tenants, are occupied by TELECOM and what do they measure?

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[citizentenant]

March 2015 view of 517 West 113th Street showing ten of the approximately 14 distinct antenna units. The water tower supports 6 or 7 antennae.

http://citizentenant.tumblr.com/archive

[citizentenant]

ELEVATOR DOWN for 35 minutes today [sample]

This is a sample posting of how 517W113 residents may record the occasions when the elevator is not functioning.

To report that the elevator is or was* out of order please email [email protected].

Why are we recording elevator failures? Because they happen so frequently and because the landlord is insisting that tenants share in the costs of an elevator with an unacceptably high failure rate.

We are NOT recording heavy congestion, only elevator failure.

*Reports must be made to [email protected] in the same 24 hours as elevator failure.

Thank you for your help in maintaining this important record.

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[citizentenant]

The roof of 517 West 113th Street. Verizon and AT&T send and receive signals using these antennae and related equipment.

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[citizentenant]

A cell phone farm on the roof of 517 West 113th Street in Manhattan. Artist’s rendering based on a 2012 photograph by John Loose.

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