STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK, 11433
-----------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: FF210071RT
Various Tenants of 2 Stoddard Place,
Brooklyn, New York
PETITIONERS DOCKET NO.: DD230073OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenants timely refiled an administrative
appeal against an order issued on March 11, 1991, by the Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 2 Stoddard Place,
Brooklyn, New York, various apartments, wherein the Administrator
granted in part the owner's major capital improvement (MCI) rent
increase application based on the installation of new apartment
On appeal, the petitioner-tenants (apartments 5G, 5H and 5J) state,
in substance, that the windows are drafty and do not close tightly;
that one window is cracked, and that the screens are falling out.
In response to the tenants' petitions, the owner submits copies of
tenant sign-offs indicating that the conditions complained of have
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
The Commissioner notes that the evidence of record reveals that
petitioner-tenants did not participate in the original proceeding
and failed to raise before the Rent Administrator the issues which
they now seek to raise for the first time in the context of this
administrative appeal proceeding.
ADMINISTRATIVE REVIEW DOCKET NO.: FF210071RT
Fundamental principles of the administrative appeal process
prohibit parties from raising issues on appeal which they failed to
raise below as the petitioner-tenants could have raised the same
issues before the Rent Administrator which they now seek to raise
for the first time on appeal. Accordingly, the Commissioner is
constrained to foreclose consideration of these issues in this
This order and opinion is issued without prejudice to the tenants'
right to file applications for a rent reduction based on
diminutions of building-wide or individual apartment services, if
the facts 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 this administrative appeal be, and the same hereby
is, denied; and that the Administrator's order be, and the same
hereby is, affirmed.
Joseph A. D'Agosta