CH110144RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CH110144RT
Milton Zeller,
RENT ADMINISTRATOR'S
DOCKET NO.: BL120264S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On August 31, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
August 3, 1988, by the Rent Administrator, concerning the housing
accommodation known as 122-20 Ocean Promenade, Rockaway Park, N.Y.,
Apt. 4-K, wherein the Administrator determined that the tenant's
application for a reduction in rent should be denied based upon the
tenant's failure to provide access to the subject apartment.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly denied
the tenant's application for a reduction in rent.
On December 14, 1987, the tenant filed a complaint alleging that
the owner failed to maintain required services.
The owner filed an answer to the complaint, on April 1, 1988,
alleging that it has unsuccessfully tried to gain access to the
subject apartment on three separate occasions. The owner submitted
copies of certified letters sent to the tenant scheduling
appointments for repairs.
Neither party appeared for a "no access" inspection, scheduled for
June 27, 1988.
On appeal, the petitioner-tenant asserted, in pertinent part, that
he failed to receive notice of the inspection.
CH110144RT
The petition was served on the owner on October 19, 1988 and on
November 2, 1988, the owner filed an answer to the petition stating
that the tenant has a history of failing to keep appointments and
that its workers could not gain access to the subject apartment.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted to the extent of remanding the proceeding to the
Rent Administrator for further processing.
The Commissioner notes that in the processing of a case below,
standard operating procedure requires that an inspection request
form be completed and that both parties be notified of the date and
time scheduled for a "no access" inspection. In the case at bar,
the check off boxes on the inspection request form denoting
standard notice to the parties were blank and the record does not
contain copies of notices sent to the parties scheduling the
inspection.
Given the tenant's claim on appeal that the Rent Administrator
failed to give him adequate inspection notice, the Commissioner
finds that the proceeding should be remanded to the Rent
Administrator for the purpose of conducting an inspection of the
subject apartment to determine whether the owner is providing those
services specified in the complaint. The Rent Administrator must
give notice to all parties of the scheduled inspection.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, granted to
the extent of remanding this proceeding to the Rent Administrator
for further processing in accordance with this order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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