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.: CK410036RT
DOCKET NO.: BK410712S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 9, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on October
11, 1988, by the Rent Administrator, concerning the housing
accommodation known as 207 West 98 Street, Apt. 8AA, New York,
New York, wherein the Administrator denied the tenant's application
on the basis that the tenant failed to give access to the
Division's inspector on two occasions.
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 reduction in services alleging a 1'x 4' hole in the
bathroom floor. A copy of the tenant's complaint was served on the
owner who responded that the condition indicated in the complaint
had been corrected. The tenant verified that the hole had been
repaired but was done in an unworkmanlike manner. The tenant, in
that response, also raised additional apartment complaints.
Thereafter, an inspection of the subject apartment was scheduled
for September 14, 1988 and again on September 16, 1988. The tenant
failed to keep either appointment resulting in the denial of the
In the PAR, the tenant states that the notice of inspection arrived
after the date of inspection and that the owner has not made
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The record indicates that the first notice of inspection was dated
September 9, 1988, scheduling an inspection for September 14, 1988.
A second notice scheduling an inspection for September 16, 1988 was
hand delivered to the apartment on September 14, 1988.
The Commissioner therefore finds that the Administrator's order
denying the tenant's application was correctly issued and that the
tenant's PAR does not establish any basis for modifying or revoking
the Administrator's order.
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