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. FF 110032-RT
DISTRICT RENT ADMINISTRATOR'S
MEHDI R. GHADIMI, DOCKET NO. DG 130035-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 4, 1991 the above-named petitioner-tenant filed a Petition for
Administrative Review against an order issued on May 1, 1991 by the Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York concerning
housing accommodations known as 77-39 164th Street, Apt. 2-A wherein the
Administrator authorized a major capital improvement (MCI) rent increase
for both the controlled and stabilized apartments in the subject premises
based on the installation of electrical wiring. Said order was issued
after review of supporting documentation submitted by the owner.
In this petition for administrative review, the tenant contends, in
substance, that with the owner's permission and at his own expense he
rewired his apartment and should not be required to pay for the current
After a careful consideration of the entire record, the Commissioner is of
the opinion that this petition should be denied.
Section 2529.6 of the Rent Stabilization Code provides, in pertinent part,
that the scope of administrative review is limited to such facts or
evidence as was before the Administrator as raised in the petition, unless
the petitioner can establish that such issues could not reasonably have
been offered or raised in the proceeding prior to the issuance of the
The record discloses that a copy of owner's application for a MCI was
served upon the tenants by DHCR; and that the petitioner herein, raised
no objections to the owner's application while this proceeding was before
the Rent Administrator although he was afforded the opportunity to do so.
Accordingly, the tenant's objection may not be considered at the
administrative appeal level.
The record in the instant case indicates that the owner correctly complied
with the applicable procedures for a major capital improvement; and that
the Rent Administrator correctly computed the appropriate rent increases
based on the proven cost of the improvement. The tenant has not
established that the increase should be revoked.
DOCKET NUMBER: FF 110032-RT
THEREFORE, in accordance with the provisions of the Rent Stabilization
Code and 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 order of the Rent Administrator be, and the same hereby is affirmed.
JOSEPH A. D'AGOSTA