FD 810417 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.: FD 810417 RT
Jutson Shell, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: YEB-9-3-0139-OM
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 25, 1991 the above-named petitioner-tenant filed a
Petition for Administrative Review against orders issued on April
3, 1991 by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York concerning housing accommodations known as 75
Bruce Avenue, Yonkers, New York, Apartment 4D, wherein the
Administrator granted in part the application and authorized
Major Capital Improvement (MCI) rent increase for the
installation of new windows.
Said orders were issued after a review of all tenant responses to
the application. Since the previously existing windows were
installed in 1968 and were less than twenty-five (25) years old
at the time of their replacement and since the owner failed to
provide any evidence as to the necessity of replacing the
building's windows, it was determined that their replacement was
for energy conservation purposes and not due to deterioration.
Thus the allowable increase was based on 50% of substantiated
cost.
In this petition for administrative review the tenant contends,
in substance, that an apartment on the fifth floor did not have
its windows replaced; and that the installation was, therefore,
not building-wide.
After a careful consideration of the entire record, the
Commissioner is of the opinion that this petition should be
denied.
The record discloses that the owner substantiated the replacement
of all apartment windows plus the replacement of all public area
windows by the submission of a contract, contractor's
certification and cancelled checks. On the other hand the
unsupported allegation of non-replaced windows in an unspecified
apartment was not raised by the petitioner herein or by the
tenant of this unspecified apartment in the proceeding below.
Said allegation may not be considered for the first time on
appeal. Accordingly, the Administrator properly determined that
there had been a MCI for which an appropriate rent increase was
granted based on the proven cost thereof.
THEREFORE, in accordance with the provisions of the Emergency
FD 810417 RT
Tenant Protection Act and Regulations and the Rent and Eviction
Regulations for the State of New York, it is
ORDERED, that this petition be, and the same hereby is, denied;
and that the orders of the Rent Administrator be, and the same
hereby are, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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