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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BB 130480-RT
:
RENT ADMINISTRATOR'S
TERRIE J. TANNEHILL, DOCKET NO.: QCS 000992-OM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 18, 1987, the above-named tenant filed a Petition for
Administrative Review of an order issued on January 16, 1987, by a Rent
Administrator concerning the housing accommodations known as Apartment 23,
31-19 32nd Street, Astoria, New York, wherein the Rent Administrator
determined that the owner was entitled to a rent increase based on a major
capital improvement.
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 owner commenced this proceeding on November 20, 1985 by filing an
application for a rent increase based on a major capital improvement, to
wit: aluminum replacement windows (building-wide) at a total cost of
$22,080.00.
The owner certified that on January 17, 1986 he served each tenant with a
copy of the application and placed one copy of the entire application
including all required supplements and supporting documentation with the
resident superintendent of the subject building. One tenant responded to
the application supporting the application.
On January 16, 1987, the Rent Administrator issued the order here under
review finding that the window installation qualified as a major capital
improvement, determining that the application complied with the relevant
laws and regulations based upon the supporting documentation submitted by
the owner, and allowing appropriate rent increases for rent stabilized
apartments.
In the Petition for Administrative Review the tenant requests reversal of
the Rent Administrator's order and contends, in substance, that she paid
an increase for a previous replacement of windows approximately four years
earlier, the useful life of which had not expired. The tenant submitted
with her petition, among other documents, a copy of a former CAB decision
(Docket No. 59566-G) granting the owner a rent increase for the
installation in her apartment of storm windows and linoleum during the
period of vacancy before she took occupancy. No claim is made by the
tenant herein that she did not receive notice of the owner's application.
DOCKET NUMBER: BB 130480-RT
In answer to the tenant's petition the owner alleges, in substance, that
the 1981 installations cited in the tenant's petition were actually storm
windows and screens for four of six windows.
After a careful consideration of the entire record, the Commissioner is of
the opinion that this petition should be denied.
Section 2529.6 of the Rent Stabilization Code provides in pertinent part,
that the scope of administrative review is limited to such facts or
evidence as was before the Administrator as raised in the petition unless
the petitioner can establish that such issues could not reasonably have
been offered or raised in the proceeding prior to the issuance of the
Administrator's determination.
There is no indication that the tenant could not have raised the issue as
to the prior installation of storm windows in the subject apartment before
the Administrator in the proceeding below nor has the petitioner submitted
any explanation for her failure to do so. Accordingly, the issue sought
to be raised by the petition is not within the scope of the Commissioner's
review of this proceeding and may not be considered on the merits.
This order and opinion is issued without prejudice to the tenant's right
to file a rent overcharge complaint wherein the matter of whether the
owner is collecting excessive rent for window improvements may be
addressed.
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and the
District Rent Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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