STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:BK-110194-RT
Herman Velez
RENT ADMINISTRATOR'S
DOCKET NO.:AE-120386-S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 27, 1987, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
October 29, 1987, by the Rent Administrator, concerning the housing
accommodation known as 37-06 72nd Street, Jackson Heights, NY,
Apt,6I, wherein the Administrator denied the tenant's complaint
alleging a decrease in apartment services because the tenant had
failed to allow access to the apartment for the purpose of a
physical inspection.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The proceeding was commenced by the filing of a complaint of
decrease in services by the tenant on May 25, 1986. On September
24, 1987 and again on October 8, 1987 Division employees requested
access to the apartment for the purpose of an inspection to
determine the tenant's complaint. On each occasion the request was
made by letter mailed to the tenant at the apartment address on at
least 7 days notice. The report of the Division's inspector states
that the tenant failed to keep two appointments.
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Docket Number: BK-110194-RT
In his PAR, the tenant contends that he was unable to keep his
appointment and had called to cancel and reschedule at another
time.
The Commissioner is of the opinion that this petition should be
denied. The record contains no record of a communication from the
tenant in writing or by telephone and the tenant has not provided
any evidence, e.g., the date or name of person called, to indicate
otherwise.
THEREFORE, in accordance with the City Rent Control Law and the
Rent and Eviction Regulations, it is
ORDERED, that this petition be and the same hereby is denied, and
the Administrator's order issued on October 29, 1987 be and the
same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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