CJ410265RT
                                  STATE OF NEW YORK
                      DIVISION OF HOUSING AND COMMUNITY RENEWAL
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                                  JAMAICA, NY 11433





          ------------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE          ADMINISTRATIVE REVIEW
          APPEAL OF                                    DOCKET NO.: CJ410265RT

                    Helene Herbert,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: CD410071OR
                                   PETITIONER
          ------------------------------------x

            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          On October 31, 1988, the above-named petitioner-tenant filed a 
          petition for administrative review of an order issued on October 
          17, 1988, by the Rent Administrator, concerning the housing 
          accommodation known as 1045 Park Avenue, Apt. 2A, New York, N.Y., 
          wherein the Administrator restored the rent that had been reduced 
          by order issued on December 3, 1986, on the basis that the tenant 
          had refused access to the Division's inspector.

          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 of an application to 
          restore rent dated March 28, 1988 which alleged that the complaints 
          cited in the order reducing the rent had been remedied.  A copy of 
          the owner's application was served on the tenant who responded on 
          June 3, 1988 that no restoration work had been undertaken by the 
          owner.  On September 22, 1988, a Division Staff inspector attempted 
          to conduct an inspection of the subject apartment.  The tenant, 
          however, refused access for the inspection on the basis that she 
          had not made a complaint.  The record discloses that on September 
          14, 1988 a notice of the inspection was mailed by this Division to 
          the tenant at the correct address.

          Thereafter, on October 17, 1988, the Administrator issued its order 
          granting the owner's request on the basis that the tenant refused 
          access for inspection.



          In the PAR, the tenant states that the damage to the floors and 












          CJ410265RT

          carpet, which was the basis for the rent reduction, has never been 
          corrected, and that she did not know that an inspector was coming 
          because the notice of inspection was received two days after the 
          scheduled inspection date.

          After careful consideration, the Commissioner is of the opinion 
          that the petition should be denied.

          The record reveals that in the tenant's first communication with 
          the Administrator after receiving the order she advised that she 
          had received no notice of the intended inspection.  In the PAR, 
          however, she states that the notice arrived late.  Once the notice 
          arrived, the tenant was aware of the purpose of the inspector's 
          visit, and it was the obligation of the tenant to notify the 
          Administrator of the insufficient notice.  This is particularly 
          true where the tenant now claims that the owner has never rectified 
          the conditions in her apartment and that the floor condition is 
          particularly hazardous.  There was sufficient time after September 
          22, 1988, the date of the attempted inspection, and before the 
          order was issued for the tenant to have notified the Administrator 
          that the notice of inspection was received two days after the date 
          that the inspector came to the apartment and spoke with the tenant.

          The Commissioner, therefore, finds that the Administrator's order 
          was correct as issued and the tenant's petition does not establish 
          any basis for modifying or revoking the Administrator's order.

          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, 
          affirmed.
               
                  


          ISSUED:






                                                                     
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner  
    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name