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
APPEAL OF DOCKET NO. CL 420032-RO
GILDA & ROBERTO RODRIGUEZ, DOCKET NO. CC 420134-OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 16, 1988, the above named owners filed a petition for
administrative review of an order issued November 16, 1988 by a Rent
Administrator, concerning housing accommodations known as Apartment 4,
located at 349 West 84th Street, New York, wherein the Rent Administrator
denied the owners' application for restoration of the rent.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the administrative appeal.
This proceeding was commenced on April 11, 1988 by the owners' filing an
application to restore the subject lawful rent, which had been reduced by
an order issued on October 28, 1987 under Docket No. AE 420177-S. In
their application, the landlords asserted that the tenant failed to
provide access for repairs.
In view of the landlords' assertion in their application for rent
restoration that the tenant was not providing access to the subject
apartment, to make repairs, the rent agency mailed to the parties in this
proceeding a "Notice of Inspection (For Access)" dated October 11, 1988.
The notice directed both the landlord or his repair person(s) and the
tenant to be present at the subject apartment on October 18, 1988, at 9.00
A.M. The inspector's report states that the tenant was present, but the
landlord did not appear.
On November 16, 1988, the Rent Administrator issued the order here under
review, denying the landlord's application.
The landlords' petition asserts that the 'Notice of Inspection (For
Access)' did not reach their attorneys' office until October 14, 1988, and
did not reach the desk of the attorney handling this proceeding until
October 19, 1988, one day after the access date. If further asserts that
the attorneys' request for a second inspection should not have been
The Commissioner is of the opinion that the landlords' petition should be
DOCKET NUMBER: CL 420032-RO
Law office failure does not excuse the landlord from appearing at the
access inspection. As the petition notes, the notice of inspection was
received several days before the inspection. As there was no due process
violation, it was a valid exercise of the administrator's discretion to
deny a second access inspection.
Accordingly, the Commissioner finds that the Administrator was correct in
denying the owner's application.
THEREFORE, in accordance with the Rent and Eviction Regulations, it is
ORDERED, that the owner's petition be, and the same hereby is denied, and
the Rent Administrator's order, be, and the same hereby is affirmed.