FB 610233-RT
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.:
FB 610233-RT
ALYCE GUTTERMAN, RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER DC 630235-OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 11, 1991 the above-named tenant, refiled a petition
for administrative review of an order issued on December 12, 1990
by a Rent Administrator concerning the housing accommodation,
known as 2180 Bronx Park East, 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 March 22, 1989 by filing
an application for a rent increase based on a major capital im-
provement, to wit - new windows at a total cost of $113,148.00.
On May 30, 1989, 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
thereupon.
The tenants of Apartment 5-L which is rent controlled did not
file an objection to the owner's application although afforded
the opportunity to do so.
On December 12, 1990, 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 controlled apartments and
rent stabilized.
FB 610233-RT
In her petition for administrative review, the tenant requests
modification of the Rent Administrator's order and alleges that
the new windows are not working properly.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
Rent increases for major capital improvements are authorized by
Section 2202.4 of the Rent and Evictions for rent controlled
apartments. Under rent control, an increase is warranted where
there has been since July 1, 1970 a major capital improvement
required for the operation, preservation, or maintenance of the
structure.
The Commissioner notes that the tenants of Apartment 5-L did not
raise any objection to the quality or adequacy of the windows
installations while the proceeding was pending before the Rent
Administrator. Accordingly, the objection raised now, for the
first time on administrative appeal, may not be considered
herein.
The record in the instant case indicates that the owner correctly
complied with the application procedures for a major capital
improvement and the Rent Administrator properly computed the
appropriate rent increases. The tenant has not established that
the increase should be revoked.
This order and opinion is issued without prejudice to the ten-
ant's right to file a complaint based upon a diminuti n of ser-
vice if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations
for New York City, 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
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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