ADM. REVIEW DOCKET NOS.: DC 120054 RT & DC 110358 RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.:
DC 120054 RT;
: DC 110358 RT
RENT ADMINISTRATOR'S
DOCKET NO.:
CE 120094 OR
JOSEPH SAN FILIPPO
PETITIONER :
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ORDER AND OPINION DENYING ONE PETITION FOR ADMINISTRATIVE REVIEW
AND TERMINATING DUPLICATE PETITION
On March 9, 1989, the above-named petitioner tenant filed a
Petition for Administrative Review (PAR) against an order issued on
March 7, 1989 by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodations at 117-01 Park
Lane South, Apartment A4N, Queens, New York, wherein the
Administrator determined the owner's application filed on May 18,
1988 to restore rents reduced by an order issued on February 18,
1988 per Docket No. BJ 110020 B.
The challenged order restored the tenant's rent based on the
results of inspections held on December 5 and 6, 1988 at which time
the petitioner herein failed to provide access to the Division's
inspector.
On appeal, the tenant asserts that intercoms are still out of
order, and requests reinspection. The owner responded that it was
unable to obtain access to the tenant's apartment to investigate
the tenant's allegations on appeal, and points out that the tenant
is the only one appealing the rent restoration order.
The record reveals that on November 22, 1988, the inspector
notified all tenants affected by the rent restoration application
that a physical inspection to check if the intercom system is
working would take place on December 4 or 5, 1988. The inspector
did appear at the premises on December 5, 1988 but was unable to
obtain access to the petitioner's apartment to check the intercom.
ADM. REVIEW DOCKET NOS.: DC 120054 RT; DC 110358 RT
The inspector returned the next day (December 6, 1988) and again
was unable to obtain access. He was able to check other apartments
and, except for four units, found the intercoms to be working
properly.
Based on the evidence of record, the Commissioner finds that
the tenant had adequate notice of the inspections, that he refused
access to the inspector, and that the Administrator properly
ordered the rent restored.
The tenant may file another complaint with the Division if the
intercom is still defective and the owner has not made necessary
repairs despite adequate notice and opportunity to do so.
The tenant filed a second administrative appeal on March 20,
1989 inadvertently assigned Docket No. DC 110358 RT, and which is
dismissed as duplicative.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, the City Rent Control Law and the Rent
and Eviction Regulations for New York City, it is
ORDERED, that the tenant's petition (DC 120054 RT) be denied
and the duplicate petition (DC 110358 RT) be terminated and that
the Administrator's order be affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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