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.: DK 210373-RT
:
RENT ADMINISTRATOR'S
RUTHIE BROWN, DOCKET NO.: BF 230108-OM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 30, 1989 the above-named petitioner-tenant filed a Petition for
Administrative Review against an order issued on October 4, 1989 by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York concerning
housing accommodations known as 446 Ocean Avenue, Apartment 3-A, Brooklyn,
New York wherein the Administrator authorized a major capital improvement
(MCI) rent increase for both the controlled and stabilized apartments in
the subject premises based on the installation of the following
improvements: new entrance door; roofing, intercom system, boiler/burner.
Said order was issued after review of supporting documentation submitted
by the owner.
The record discloses that the owner commenced the proceeding by the filing
of an application for a rent increase due to the installation of various
major capital improvements. The tenants were served with a copy of the
application and afforded an opportunity to respond the petitioning tenant
herein did not file a response.
In this petition for Administrative Review, the tenant contends, in
substance, that for each major capital installation a defective condition
exists, and more specifically that broken or no locks exist on the
entrance doors; that the intercom and doorbells are broken; that the roof
leaks and that there is insufficient heat.
The owner in his response provided statements from various contractors to
the effect that the work was performed and/or necessary repairs were
performed.
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. Since the petitioner herein raised no
objections to the owner's application while this proceeding was before the
Rent Administrator, the tenants objection may not be considered at the
Administrative appeal level.
DOCKET NUMBER: DK 210373-RT
The record in the instant case indicates that the owner correctly complied
with the applicable procedures for a major capital improvement and that
the Rent Administrator correctly computed the appropriate rent increases
based on the proven cost of the improvement. The tenant has not
established that the increase should be revoked.
The determination herein is without prejudice to the right of the tenant
to file an appropriate complaint with the Division based on the owner's
failure to maintain services, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent Stabilization
Code and the Rent Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is denied, and that
the order of the Rent Administrator be, and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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