STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
by RICHARD APPLEBAUM, RENT ADMINISTRATOR'S
PETITIONER BG 610294-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed a petition for administrative
review of an order issued on December 6, 1989 by a Rent Adminis-
trator concerning the housing accommodation, known as Apartment
343, 2132-8 Wallace Avenue, Bronx, New York, wherein the Rent
Administrator determined that the owner was entitled to a rent
increase based on a major capital improvement (MCI).
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 review.
The owner commenced this proceeding on July 24, 1987 by filing an
application for a rent increase based on a major capital improve
ment, to wit - new windows at a total cost of $187,630.00.
On September 21, 1987, the Division of Housing and Community
Renewal (DHCR) served each tenant with a copy of the application
and afforded the tenants the opportunity to review it and comment
The tenant did not file an objection to the owner's application
although afforded the opportunity to do so.
On December 6, 1989, the Rent Administrator issued the order
here under review finding that the installation qualified as a
major capital improvement, determining that the application
complied with the relevant laws and regulations based upon the
supporting documentation submitted by the owner, and allowing
appropriate rent increases for rent controll d and rent stabi-
In her petition for administrative review, the tenant requests
reversal of the Rent Administrator's order alleging that the new
windows are the owner's responsibility and raising various
service complaints about the premises.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that this tenant did not interpose any
answer to the owner's application when this proceeding was
pending before the Rent Administrator although she was afforded
the opportunity to do so. Accordingly, pursuant to Section
2529.6 of the Rent Stabilization Code, the objections she raises
now for the first time on administrative appeal may not be
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby