FG 210277-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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FG 210277-RT
VIVIAN BRONSTEIN,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CE 230254-OM
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 23, 1991, the above-named tenant, filed a petition for
administrative review of an order issued on June 27, 1991, by a
Rent Administrator concerning the housing accommodation, known
as Apartment 1-C, 1446 West 84th Street, Brooklyn, 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 May 2, 1988 by filing an
application for a rent increase based on a major capital improve
ment, to wit - new windows at a total cost of $15,594.00.
On December 5, 1988, the Division of Housing and Community Re-
newal (DHCR) served each tenant with a copy of the application
and afforded the tenants the opportunity to review it and comment
thereupon.
The tenant did not file an objection to the owner's application
although afforded the opportunity to do so.
On June 27, 1991, 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 stabilized apart-
ments.
In her petition for administrative review, the tenant requests
FG 210277-RT
modification of the Rent Administrator's order alleging defects
in the new windows and alleging that she had her own windows
installed eighteen years ago.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the tenant did not raise any objec-
tions 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 considered
herein.
This Order and Opinion is issued without prejudice to the
tenant's right to file a complaint based on a diminution of
services if the facts so warrant.
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
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
