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.: DL410156RT
DOCKET NO.: BG430299OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenant timely re-filed an administrative
appeal against an order issued on October 3, 1989, by the Rent
Administrator (92-31 Union Hall Street, Jamaica, NY) concerning the
housing accommodations known as 226-228 West 108th Street, Apt. 5D,
New York, NY, wherein the Administrator granted a major capital
improvement (MCI) rent increase for rent controlled and rent
stabilized apartments in the subject premises based on the
installation of new windows.
The owner commenced the proceeding below by filing an MCI
application in July of 1987. The owner subsequently submitted a
certification of service which stated that on November 5, 1987
service of the MCI application was completed upon the tenants.
On October 2, 1989, the Rent Administrator served a subsequent
notice to the petitioner.
The petitioner did not file an answer in response to the
On appeal, the petitioner-tenant states, in substance, that the new
windows do not operate properly.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
The record reveals that the petitioner-tenant failed to raise
before the Rent Administrator the issues which she now seeks to
raise for the first time in the context of this administrative
ADMIN. REVIEW DOCKET NO. DL-410156-RT
Fundamental principles of the administrative appeal process
prohibit parties from raising issues on appeal which they failed to
raise below as the petitioner-tenant could have raised the very
issues before the Rent Administrator which she seek to raise for
the first time on appeal. Accordingly, the Commissioner is
constrained to foreclose consideration on this issue in this appeal
The determination herein is without prejudice to the right of the
tenant to file an application for a rent reduction based on a
diminution in services, with this Division, if the facts so
On the basis of the entire evidence of record, it is found that the
Administrator's order is correct and should be affirmed.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, the Rent and Eviction Regulations for
the City of New York, and Operational Bulletin 84-1, it is
ORDERED, that this administrative appeal be, and the same hereby
is, denied, and that the Administrator's order be, and the same
hereby is, affirmed.
Joseph A. D'Agosta