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 June 3, 1988, the above-named petitioner-tenant filed a petition
for administrative review of an order issued on May 20, 1988 by the
Rent Administrator, concerning the housing accommodation known as
61 West 8 Street, Apt. 4F, New York, N.Y., wherein the
Administrator denied the tenant's complaint on the basis that the
tenant twice refused access to the Division's inspectors.
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 a decrease in services dated October 13, 1987.
On March 22, and April 1, 1988 a DHCR staff inspector sent notices
by mail to the tenant in an attempt to conduct an inspection of the
tenant's apartment on March 30 and April 8, 1988, respectively.
On each occasion the Division's inspector could not achieve access
to the apartment resulting in the issuance of the order herein
In the PAR, the tenant states that she was at home but the door
bells may not have been working, and that there is a 24 hour
superintendent to allow access to the building.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The tenant does not offer any evidence that the bells were
inoperative at the time of either inspection. This assertion is
merely conjecture. As for there being a superintendent on premises
who could provide access to the tenant's apartment, there is no
evidence that this fact was brought to the inspector's attention on
the first or second attempt.
The Commissioner therefore finds that the Administrator's order was
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Emergency Tenant Protection Act of 1974, 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,
JOSEPH A. D'AGOSTA