CD110178RT
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.: CD110178RT
Vincent D'Auria RENT
ADMINISTRATOR'S DOCKET
NO.: BH110566S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 19, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued April 11, 1988 concerning the housing
accommodations known as Apt. 2D, 30-60 48th Street, Astoria, New
York, wherein the Administrator denied the tenant's complaint based
on a finding that the tenant failed to provide access to the
subject apartment for the purpose of physical inspection.
The Commissioner has reviewed all the evidence of record and has
carefully considered that portion relevant to the issues raised on
appeal.
A review of the record reveals that in 1987, the petitioner-tenant
filed a complaint of decrease in services. The owner responded
that the tenant refuses access for the purpose of making repairs.
A Notice of Inspection (For Access) was sent to the owner and
tenant on February 17,1988, scheduling an inspection date for
February 26, 1988, at which time the owner was directed to have a
repair person present and ready to attend to repairs.
The owner did appear with workers who were prepared to paint the
ceiling in the bathroom but the tenant refused access. The Rent
Administrator then issued the order appealed herein, denying the
CD110178RT
tenant's complaint and terminating the proceeding.
In the petition for administrative review, the tenant asserts that
he did not grant access because the owner refused to sign a
statement the tenant prepared stating that the violation regarding
the bathroom ceiling was incorrectly marked corrected by the
inspector from the Office of Code Enforcement and that the landlord
was to report this.
In answer to the petition, the owner states that when the owner,
twe workers, and the inspector from DHCR appeared for the scheduled
inspection, the tenant refused to open the door while he prepared
letters that he wanted everyone, including the inspector, to sign
but which did not make any sense.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the petition should be denied.
Section 2523.4 of the Rent Stabilization Code requires the Division
to order a rent reduction, upon application by a tenant, where it
is found that the owner has failed to maintain required services.
The determination as to whether there has been a failure to
maintain services is generally made on the basis of a physical
inspection by a DHCR employee.
In the instant case, the tenant's refusal to permit the inspector
or the owner's repairpersons to enter the apartment unless certain
conditions were met was unreasonable and prevented the Division
from investigating the complaint properly. The Rent
Administrator's denial of the complaint and termination of the
proceeding was appropriate in these circumstances.
Therefore in accordance with the Rent Stabilization Law and Code,
it is
ORDERED that this petition be, and the same hereby is, denied, and
the Rent Administrator's order be and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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