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 NO.:
PETITIONER Q 000371-OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 13, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review (PAR) against an order issued
on March 16, 1987 by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodation known as
246-09 Union Turnpike, Bellerose, New York, Apartment 2D5-2,
wherein the Rent Administrator granted the owner's application
to restore rent previously reduced under Docket No. 77835-P.
The Administrator restored the rent effective May 1, 1986 based
on findings that the tenant had failed to keep scheduled appoint
ments with the Division's inspector. An examination of the case
record also disclosed assertions by the owner that the tenant had
refused the owner access to correct the conditions.
On appeal, the tenant requests that the effective date of the
rent restoration be modified to November 1, 1986 to reflect the
actual restoration of services on October 24, 1986 pursuant to
negotiations between the parties.
The applicable law is Section 2523.4 of the Rent Stabilization
After careful consideration the Commissioner is of the opinion
that the petition should be denied.
The record below and on appeal reflects that the tenant provided
the owner access to the tenant's apartment only after extensive
negotiations to arrive at mutually convenient repair dates, des-
pite the owner's stated readiness and willingness to undertake
repairs promptly. The tenant also failed to explain why the
Division's inspectors were not provided access.
Based on the record of the tenant's failure to cooperate with
both the Division's and the owner s personnel, the Administra-
tor's rent restoration order was proper and should be affirmed.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation 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
Acting Deputy Commissioner