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.: DJ610245RT
:
ALICE MIJOLOVIC RENT ADMINISTRATOR'S
DOCKET NO.: ZBD630132OM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The petitioner-tenant timely filed an administrative appeal against
an order issued on October 17, 1989 by the Rent Administrator (92-
31 Union Hall Street, Jamaica, New York) concerning the housing
accommodations known as 3824 Bronx Boulevard, Apartment 2C, Bronx,
New York, wherein the Administrator granted major capital
improvement (MCI) rent increases for the rent stabilized and
controlled apartments in the subject premises.
The owner commenced this proceeding by filing its MCI application
in April of 1987 for the installation of an intercom system, a
building entrance door, steam cleaning, windows, an oil burner and
a boiler. In support of its application, the owner submitted
copies of the contracts, invoices, contractors' statements,
cancelled checks and government approvals.
The tenant objected to the owner's application, stating that the
rent increase in question was excessive, and that the replacement
of a new boiler should not be the responsibility of the tenants.
The Administrator's order appealed herein authorized an MCI rent
increase for all of the above-mentioned items except the claimed
cost of the steam cleaning which does not constitute an MCI.
On appeal, the petitioner-tenant states, in substance, that the
windows constantly freeze inside during the winter; the building
front door has no lock; the intercom system is not always working;
and her apartment is infested with roaches as no exterminator
services is being provided.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
The record of this proceeding reveals that the petitioner-tenant
failed to raise before the Rent Administrator the issues which she
seek to raise for the first time in the context of this
administrative appeal proceeding.
ADMIN. REVIEW DOCKET NO.: DJ610245RT
Fundamental principles of the administrative appeal process
prohibit parties from raising issues on appeal which they failed to
raise below. The petitioner-tenant could have raised the very
issues before the Rent Administrator which she now seeks to raise
for the first time on appeal. Accordingly, the Commissioner is
constrained to foreclose consideration of these issues in this
appeal proceeding.
With respect to the tenant's contention that the owner is not
maintaining services, it is significant to note that the records of
the Division disclose no rent reduction order has been issued
against the subject premises based on the owner's failure to
maintain services of a building-wide nature nor was any such
complaint pending, including a complaint of inadequate heat or hot
water, at the time the order appealed herein was issued. The tenant
has failed to establish that the Administrator's order should be
revoked.
The determination herein is without prejudice to the right of the
tenant to file with this Division an application for a rent
reduction based on any current diminutions in services, if the
facts so warrant.
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, 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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