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 610736-RT
DISTRICT RENT ADMINISTRATOR'S
JIMMY MCCLOUD DOCKET NO.: FL 630119-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 23, 1991 the above named petitioner-tenant filed a petition for
administrative review of an order issued on June 6, 1991, by a Rent
Administrator concerning housing accommodations known as 775 East 185th
Street, Bronx, New York, Apartment 18 wherein the Rent Administrator
determined that the owner was entitled to a rent increase based on the
installation of major capital improvements.
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 December 11, 1989 by filing an
application for a rent increase based on major capital improvements, to
wit new burner/boiler at a total cost of $21,250.00.
On March 30, 1990 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 thereupon.
The petitioning tenant did not file an objection to the owner's
application although afforded an opportunity to do so.
On June 6, 1991 the Administrator issued the order appealed from granting
the application and ordering appropriate rent increases for rent
controlled and rent stabilized tenants.
In his petition the tenant claims he does not receive hot water and there
is no heat in the winter. 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 denied.
The Commissioner notes that the petitioning tenant did not raise any
objections to the quality or sufficiency of the owner's installations
during the more than two years that the proceeding was pending before the
Rent Administrator, and that he raises his objections for the first time
on administrative appeal.
DOCKET NUMBER: FF 610736-RT
Accordingly, pursuant to prior administrative decisions under the Rent and
Eviction Regulations and pursuant to Section 2529.6 of the Rent
Stabilization Code the tenant's allegations may not be considered now when
offered for the first time on administrative appeal.
The Commissioner further notes, however, that a decision is being issued
under Docket No. FF 610613-RT et al wherein the issue of the owner's
eligibility to collect the instant rent increase has been remanded to the
Rent Administrator for further processing. If, on remand of that
proceeding, the Administrator determines that the boiler/burner was not
properly installed and/or is defective, the rent increase for all tenants,
including the petitioner herein, may be revoked. If the Administrator
affirms the order prior order granting the increase, petitioner may still
file an application with the Division, for a rent reduction based on
decreased 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
pending reconsideration pursuant to the remand in Docket No. FF 610613-RT