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
-------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: CE510029RT
APPEAL OF
BELKIS CARDONA RENT ADMINISTRATOR'S
DOCKET NO.: AL530133OM
PETITIONER
-------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 10, 1988, the above named petitioner-tenant timely filed a
petition for administrative review (PAR) against an order issued on
May 6, 1988, by a Rent Administrator (92-31 Union Hall Street,
Jamaica, New York) concerning the housing accommodations known as
2-12 Broadway Terrace, New York, New York, apartment #1.
The owner commenced this proceeding on December 19, 1986, by
initially filing a major capital improvement (MCI) rent increase
application predicated on the installation of a new roof at a total
claimed cost of $5,500.00.
On February 20, 1987 the owner certified that it had completed
service on all tenants, including the petitioner, with a copy of
said MCI application and left a copy of same, for tenants' review,
in the Superintendent's office located at 2-12 Broadway Terrace.
On February 3, 1988 DHCR served the petitioner with notice of the
owner's MCI application, but no response was received from the
tenant.
On May 6, 1988, the Rent Administrator issued the order here under
review finding that the installation qualified as an MCI,
determining that the application complied with the relevant laws
and regulations based upon the supporting documentation submitted
by the owner, and authorizing rent increases for rent stabilized
apartments.
In this Petition for Administrative Review, the tenant requests
reversal of the Rent Administrator's order and alleges, in
substance, that the roof installation is defective as he
experiences water seepage in his apartment.
The Commissioner is of the opinion that this petition should be
denied.
ADMIN. REVIEW DOCKET NO. CE-510029-RT
Rent increases for major capital improvements are authorized by
Section 2522.4 of the Rent Stabilization Code for rent stabilized
apartments. Under rent stabilization, the improvement must
generally be building-wide; depreciable under the Internal Revenue
Code, other than for ordinary repairs; required for the operation,
preservation, and maintenance of the structure; and replace an item
whose useful life has expired.
It is the established position of the Division that the work
performed meets the definitional requirements of an MCI for which
a rent increase may be warranted. The record shows that the owner
submitted copies of the contract, contractors' certification and
cancelled checks which indicate that the owner correctly complied
with the applicable procedures for an MCI rent increase, and that
the increase was properly computed based on the proven cost of the
installation.
The Commissioner notes, as confirmed by the record, that the tenant
of apartment 1 was served by the owner on February 20, 1987 by the
Administrator on February 3, 1988 with notice of the instant
application, but that said tenant failed to respond thereto.
Fundamental principles of the administrative appeal process and
Section 2529.6 of the Rent Stabilization Code prohibit a party from
raising issues on appeal which were not raised below. The tenant
of the said apartment could have raised the very issues before the
Rent Administrator which he seeks to raise for the first time on
appeal. Accordingly, the Commissioner is constrained to foreclose
consideration of these issues in this appeal proceeding.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same hereby is
denied; and that the Rent Administrator's order be, and the same
hereby is affirmed.
ISSUED:
____________________
Joseph A. D'Agosta
Deputy Commissioner
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