CC520351RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CC520351RT
N. Carrington,
RENT ADMINISTRATOR'S
DOCKET NO.:
BK520092HW
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 3, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on February
9, 1988, by the Rent Administrator, concerning the housing
accommodation known as 560 West 163 Street, Apt. 67, New York,
N.Y., wherein the Administrator denied the tenant's complaint based
on the tenant's failure to provide access to the apartment for the
purpose of 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.
This proceeding was commenced by the filing of a complaint of
failure to provide heat and hot water, dated November 14, 1987. On
two occasions an inspector from this Division notified the tenant
that an inspection was to take place, but the tenant failed to
provide access.
In the PAR, the tenant contends that he was not notified that an
inspector was coming.
The Commissioner is of the opinion that the petition should be
denied.
The report of inspection dated January 22, 1988, by an employee of
the Division, who is not a party to the proceeding, was properly
CC520351RT
placed in the record for consideration by the Administrator. The
Commissioner finds that it was proper for the Administrator to rely
on the report of inspection in determining that the tenant had not
allowed access on two occasions as contained in the report. The
tenant's bare allegation that he was not notified of the
inspections is insufficient to disturb the Administrator's order.
THEREFORE, in accordance with the City Rent Law and the Rent and
Eviction Regulations, 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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