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
APPEALS OF DOCKET NO.:
JOHN VARENCE, DISTRICT RENT ADMINISTRATOR'S
PETITIONER CJ 530063-HW
----------------------------------x OWNER: MALLAMUD & COMPANY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 8, 1989, the above named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
January 9, 1989, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning housing accommodations known as
Apartment 2 at 16 East 125th Street, New York, New York.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of t e evidence rele-
vant to the issues raised in the administrative appeal.
This proceeding was originally commenced on October 26, 1988 by
the filing of a complaint of a decrease in services, to wit: no
cold water, no heat and no cleaning of the public hallways.
The Administrator dismissed the tenant's complaint based on the
tenant's failure to keep two appointments with the Division's
In his Petition, the only statement the tenant makes concerning
the appealed order is "no service of hot water and cold water."
Although afforded the opportunity, the owner has not interposed
an answer to the tenant's Petition.
The Commissioner is of the opinion that the Petition should be
The record indicates that the tenant was provided with prior
written notice of each of the inspection appointments. On the
Petition, the tenant offers no explanation, for his failure to
keep these appointments. The Commissioner therefore finds that
the complaint herein was properly dismissed below.
The Commissioner notes that the Division's records indicate that
since October of 1988, the tenant filed three separate service/
heat and hot water complaints (including the complaint herein)
and that each of said complaints was dismissed after the tenant
failed to keep two scheduled appointments with a staff in-
spector. In all, then six appointments were missed.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it
ORDERED, that this Petition be, and the same hereby is, denied.