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
APPEALS OF DOCKET NOS.:FB 220098-RT
: FB 210163-RT
VARIOUS TENANTS, FB 210196-RT
PETITIONER : FB 210321-RT
------------------------------------X FB 210427-RT
DOCKET NO.: ZBI 230247-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The petitioner-tenants timely filed administrative appeals against an order
issued on January 25, 1991 by the Rent Administrator (92-31 Union Hall
Street, Jamaica, New York) concerning the housing accommodations known as
940 Prospect Place, Brooklyn, New York, Various Apartments, wherein the
Administrator granted major capital improvement (MCI) rent increases for
the controlled and stabilized apartments in the subject premises based on
the installation of boiler and burner which services the subject premises
and an adjoining building.
The owner commenced the proceeding below by filing its MCI application in
September of 1987. In support of its application, the owner submitted
copies of contracts, invoices, government approvals, contractor's statement
and cancelled checks.
The District Rent Administrator's order, appealed herein, contains the
notation that no response was received to the initial service of the
application and that subsequent inquiry mailed on August 7, 1990 to various
tenants also brought no response.
On appeal, the petitioner-tenants states, in substance, that: A) the boiler
breaks down regularly; B) there is a lack of heat and hot water; C) there
is only one boiler between the two buildings; and D) the owner is not
maintaining services and various defects exist throughtout the building.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that these administrative appeals should be
The Commissioner notes that the record of this proceeding reveals that the
petitioner-tenants failed to raise before the Rent Administrator the issues
which they seek to raise for the first time in the context of this
administrative appeal proceeding.
DOCKET NUMBER: FB 220098-RT; et al.
Fundamental principles of the administrative appeal process and Section
2529.6 of the Rent Stabilization Code prohibit a party from raising issues
on appeal which were not raise below as the petitioner-tenants could have
raised the very issues before the Rent Administrator which they seek to
raise for the first time on appeal. Accordingly, the Commissioner is
constrained to foreclose consideration of these issues in this appeal
The Commissioner further notes that the boiler and burner serves 930 and
940 Prospect Place. The entire cost of $32,000.00 was split between both
buildings, as per docket No. BI 230246-OM (930 Prospect Place) and docket
No. BI 230247-OM (940 Prospect Place). Therefore the Rent Administrator
properly allocated the cost of $16,000.00 per building.
As to the tenants' contention with respect to the maintenance of services,
a review of Division records discloses that there were no orders
outstanding against the subject premises based on the owner's failure to
maintain services of a building-wide nature nor were there any heat and hot
water complaints failed with the Division at the time the order of the
Administrator was issued. The determination herein is without prejudice to
the right of the tenants to file a service complaint with the Division of
Housing and Community Renewal, if the facts now so warrant.
On the basis of the entire evidence of record, it is found that the
Administrator's order is correct and should be affirmed.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, the Rent and Eviction Regulations for the City
of New York, and Operational Bulletin 84-1, it is
ORDERED, that these administrative appeal be, and the same hereby is
denied; and that the Administrator's order be, and the same hereby is
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner