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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 19, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on June
21, 1988, by the Rent Administrator, concerning the housing
accommodation known as 403 10th Street, Top Floor Rear, Brooklyn,
New York, wherein the Administrator denied the tenant's complaint
on the basis that the tenant failed to provide access to the
Division's inspector on two occasions.
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 by the tenant of a
complaint of a decrease in services dated September 28, 1987.
On two occasions, upon notice to the tenant, a Division of Housing
and Community Renewal (DHCR) staff inspector attempted to gain
access to the premises for the purpose of physical inspection. On
each occasion, April 26, 1988 and May 4, 1988, there was no answer.
In the PAR, the tenant states in relevant part, that while the
inspection notices were addressed to occupant, both were received,
and the tenant waited for the inspector on each occasion but the
inspector never showed up.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The record reflects that the notices of inspection were actually
received by the tenant, and the report of the Division's inspector
stating that access could not be obtained on two occasions was
properly placed in the file for consideration by the Administrator.
The Commissioner finds that it was proper for the Administrator to
rely on the report of the Division's inspectors, who are not
parties to the proceeding, which indicated that the tenant twice
failed to provide access for purposes of an inspection.
THEREFORE, in accordance with the City Rent Law and the Rent and
Eviction Regulations, 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,
LULA M. ANDERSON