STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: CC210418RT
PETITIONER DOCKET NO: AI230046OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 8, 1988, the above-named tenant filed a Petition for
Administrative Review of an order issued on February 11, 1988, by
a Rent Administrator concerning the housing accommodations known as
apartment D5, 377 Montgomery Street, Brooklyn, New York 11225,
wherein the Rent Administrator determined that the owner was
entitled to a rent increase based on 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 September 11, 1986 by filing
an application for a rent increase based on a major capital
improvement, to wit: positive heating system at a total cost of
The owner certified that on November 14, 1986 he served each tenant
of record, including the petitioner tenant herein, 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. Several
tenants responded to the application three of whom raised no valid
objection to the increase sought. The petitioner-tenant herein did
not submit any response to the owner's application.
On February 11, 1988, the Rent Administrator issued the order here
under review finding that the subject installation qualified as a
major capital improvement, determining that the application
Adm. Rev.4 Docket No. CC210418RT
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 his apartment, D5, only receives heat and hot water
sporadically. No claim is made by the tenant herein that he did not
receive notice of the owner's application.
In answer to the tenant's petition the owner submitted a sworn
statement that heat and hot water are provided for all tenants as
required by law.
After a careful consideration of the entire record, the
Commissioner is of the opinion that this petition should 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 of the sporadic heat and hot water in the subject apartment
before the Administrator in the proceeding below nor has the
petitioner submitted any explanation for his 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.
The Commissioner notes that no heat and hot water service
complaints for the said address were pending during the time the
owner's application was being processed.
This order and opinion is issued without prejudice to the tenant's
right to file a heat and hot water service complaint wherein the
matter of whether heat and hot water are only sporadically provided
may be addressed, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
Adm. Rev. Docket No. CC210418RT
ORDERED, that this petition be, and the same hereby is denied, and
the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA