FF 410719 RT
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 410719 RT
SYLVIA MOK DISTRICT RENT
PETITIONER EA 430111 OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 28, 1991 the above named petitioner tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 24, 1991. The order concerned housing
accommodations located at 25 Cornelia Street, New York, N.Y.
wherein the Administrator granted, in part, the owner's
application for a rent increase by reason of the installation of
a major capital improvement (MCI)
The Commissioner has reviewed the record and has carefully
considered that portion relevant to the issues raised by this
The owner commenced this proceeding on January 12, 1990 by
filing an application for rent increase based on the installation
of a major capital improvement, to wit--new windows at a total
cost of $27,584.00. The tenants were served with copies of the
application and afforded an opportunity to respond. The
petitioner did not file a response.
The Administrator issued the order here under review on May
24, 1991. The application was granted to the extent of allowing
all but $250 of the claimed cost. The exclusion represented the
cost of capping 5 windows. A rent increase was ordered for rent
controlled and rent stabilized tenants.
Petitioner filed an appeal of the Administrator's order
wherein she stated that improvements to the building were made in
accordance with a court order. The owner did not file a response.
After careful consideration of the evidence in the record,
the Commissioner is of the opinion that the petition should be
Pursuant to 9 NYCRR 2529.6 the scope of review in
administrative appeals is limited to facts or evidence before the
Rent Administrator as raised in the petition. Since the
petitioner herein did not respond to the owner's application when
the proceeding was before the Administrator, the issue raised for
the first time on appeal cannot be considered.
THEREFORE, pursuant to the Rent Stabilization Law and Code
and Rent and Eviction Regulations 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.
JOSEPH A. D'AGOSTA