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.:
JILL M. LEIGHT,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 17, 1988, the above-named petitioner-tenant filed a peti-
tion for administrative review (PAR) of an order issued on May 27,
1988, by the Rent Administrator, concerning the housing accommo-
dation known as 4 Lexington Avenue, Apartment 1-K, New York,
New York, wherein the Rent Administrator determined that the tenant
failed to provide access to the apartment for inspection and denied
or terminated the tenant's complaint.
The Commissioner has reviewed all 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
decrease in services, specifically, noise from a boiler alarm and
vermin infestation. In response to the tenant's complaint, the
owner advised that the boiler alarm is from a nearby hotel and that
the subject building is otherwise well maintained. The tenant
responded that the vermin problem has been resolved but that the
boiler alarm is still a nuisance and, contrary to the owner's
statement, the sound is not in another building and appears to be
within the control of the property manager for the subject
building. On two occasions thereafter an inspector from this
Division attempted to schedule a physical inspection upon notifi-
cation to the tenant by mail. On each occasion, according to the
inspection report, access was not provided resulting in the order
In the PAR, the tenant advises that on the second inspection
attempt, access to her apartment was in fact provided, that the
inspection took place and that the inspector heard the noise
complained of. She further states that the inspector, whom she
telephoned after receiving the Administrator's order, advised her
that he has a copy of the inspection report.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The report filed by the inspector, an employee of the Division who
not a party to the proceeding, was properly placed in the record
for consideration by the Administrator. The report indicates that
on two occasions the inspector was denied access to the apartment.
An examination of Division's records has not revealed a different
or additional inspection report.
The Commissioner therefore finds that, based on the record in this
case, the Administrator's order was correct when issued.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the 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