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.:
HELEN E. SHEPARD,
PETITIONER CC 230020-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 12, 1991, the above-named tenant, refiled a petition
for administrative review of an order issued on March 11, 1991,
by a Rent Administrator concerning the housing accommodation,
known as Apartment 2-D, 1299 Ocean Avenue, Brooklyn, New York,
wherein the Rent Administrator determined that the owner was
entitled to a rent increase based on a major capital improvement
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 March 1, 1988 by filing an
application for a rent increase based on maj r capital improve-
ments, to wit - new windows at a total cost of $73,363.00.
On July 26, 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 March 11, 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 alleging defects in
her newly-installed windows.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that this tenant did not raise a y objec-
tion to the owner's application while this proceeding was
pending before the Rent Administrator even though 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 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
JOSEPH A. D'AGOSTA