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.: DH220346RT
DOCKET NO.: DB220069OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 10, 1989, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
August 1, 1989, by the Rent Administrator, concerning the housing
accommodation known as 280 86th Street, Brooklyn, N.Y., Apt. A-2,
wherein the Administrator determined that the owner should be
granted restoration of the rent based on a finding that the tenant
denied access to his apartment.
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.
The issue herein is whether the Rent Administrator properly
restored the rent of the subject apartment.
On February 9, 1989, the owner filed an application for rent
restoration, alleging that services for which a rent reduction
order had been issued by the Administrator on August 5, 1988, under
Docket No. BK220083S, had been restored.
The tenant filed an answer to the application on February 25, 1989,
which was not germane to the service restoration issues raised in
The DHCR inspector's report noted that the tenant failed to keep
two appointments scheduled for June 30, 1989 and July 6, 1989.
On appeal, the petitioner-tenant asserted, in pertinent part, that
the owner corrected the service deficiencies in an unworkmanlike
manner and that he did not receive any inspection notices.
The petition was served on the owner on November 27, 1989 and on
December 6, 1989, the owner filed an answer to the petition stating
that the Rent Administrator's determination restoring the rent
should be honored.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The owner on proof of restoration of those services which were the
subject of the Rent Administrator's reduction order is, by law,
entitled to apply for an order of rent restoration.
The Rent Administrator, in granting the owner's rent restoration
application, based his determination on the tenant's failure to
provide access to the subject apartment to the DHCR inspector and
the owner's workers.
The Commissioner has considered the petitioner's claim that he was
not properly notified of the inspection date and finds this
argument to be without merit.
Properly addressed Notices of Inspection (For Access) were mailed
to the tenant on June 21, 1989 and June 30, 1989; were not returned
by the Post Office, and are presumed to have been received by the
tenant. The tenant, however, failed to appear for the inspection
In view of a preponderance of evidence which shows that the tenant
was afforded adequate opportunity to provide access to his
apartment, the Commissioner finds that the Rent Administrator
properly granted the owner's application for rent restoration.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York, it is
ORDERED, that the tenant's petition be, and the same hereby is,
denied, and that the Rent Administrator's order be and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA