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.: CK410098RT
DOCKET NO.: CF410542S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 2, 1988, the above-named petitioner-tenant timely
refiled a petition for administrative review of an order issued on
September 6, 1988, by the Rent Administrator, concerning the
housing accommodation known as 205 West End Avenue, Apt 29W, New
York, N.Y., wherein the Administrator denied the tenant's complaint
of decrease in apartment services on the basis that the conditions
had been corrected.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
This proceeding was commenced by the filing of a complaint of
decrease in services dated June 15, 1988.
A copy of the tenant's complaint was served on the owner who denied
the tenant's allegations and requested that the complaint be
Thereafter, on August 9, 1988, a DHCR staff inspector conducted an
inspection of the tenant's apartment which indicated that the
conditions specified in the tenant's complaint either had been
repaired or did not require repair, resulting in the order herein
In the PAR, the tenant contends that the defective conditions still
exist, denies the accuracy of the inspector's findings, and argues
that due process was denied in that she was not served with a copy
of the inspection report.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The report of inspection dated August 9, 1988, by an employee of
this Division who is not a party to the proceeding, was properly
placed in the record for consideration by the Administrator. The
Commissioner finds that it was proper for the Administrator to rely
on the report of inspection in determining the tenant's complaint.
The tenant's bare allegation that the defective conditions still
exist is insufficient to disturb the Administrator's order. Due
process does not require that the tenant be served with a copy of
the inspection report or be given an opportunity to respond to it.
The Commissioner notes that the inspection report indicates that
the tenant was present during the inspection.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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