STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 14, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on March 29,
1988 by the Rent Administrator, concerning the housing
accommodation known as 720 Fort Washington Avenue, Apt. 5N,
New York, New York, wherein the Administrator denied the tenant's
complaint of a decrease in services on the basis that the tenant
failed to keep two inspection appointments.
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 by the tenant of a
complaint of decrease in services dated May 28, 1987. The owner
was served with a copy of the tenant's complaint and answered that
he would provide the tenant with a larger refrigerator. The tenant
responded that 2« months later the refrigerator still had not been
Two inspections were scheduled by a DHCR staff inspector for
February 26 and March 7, 1988 and appropriate notice was sent to
the tenant in both cases. The tenant failed to keep either
appointment or notify the Division of her unavailability.
Accordingly the Administrator denied the complaint and issued the
order herein appealed.
In the PAR, the tenant advises that since she spends the winters in
Florida she did not receive the Division's request for access for
inspection and asks that another appointment be scheduled.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
It was proper for the Administrator to deny the tenant's complaint
based on the report of the inspector that two attempts to inspect
the premises were unsuccessful and based on the fact that upon her
return to the apartment, and before the Administrator's order was
issued, the tenant did not request that the Division reschedule the
THEREFORE, in accordance with the City Rent Law and the Rent and
Eviction Regulations for New York City, it is
ORDERED, that the petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA