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.:
PETITIONER CF 530034-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 24, 1991, the above-named tenant refiled a petition for
administrative review of an order issued on June 6, 1991, by a
Rent Administrator concerning the housing accommodation known as
Apartment 64, 517 West 169th Street, New York, 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 June 6, 1988 by filing an
application for a rent increase based on a major capital improve
ment, to wit - apartment windows at a total cost of $26,996.40.
On December 8, 1988, 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
The tenant did not file an objection to the owner's application
although afforded the opportunity to do so.
On June 5, 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-
In her petition for administrative review, the tenant requests
reversal of the Rent Administrator's order and alleges that the
windows need repair and furth r alleges various service defi-
ciencies in her apartment.
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 2522.4 of the Rent Stabilization Code for rent stabilized
apartments. Under rent stabilization, the improvement must gen-
erally be building-wide; depreciable under the Internal Revenue
Code, other than for ordinary repairs; required for the opera-
tion, preservation, and maintenance of the structure; and replace
an item whose useful life has expired.
The Commissioner notes that the tenant did not interpose any
objections to the owner's application when this proceeding was
pending before the Rent Administrator when any problems with the
new windows could have been investigated, inspections carried out
and defects corrected, even though she was afforded the oppor-
tunity to do so. Accordingly, the objections she raises now, for
the first time on administrative appeal, may not, pursuant to
Section 2529.6, 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 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