EC 410566 RT
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
APPEAL OF DOCKET NO.: EC 410566 RT
DRO DOCKET NO.: DL 410228 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 26, 1990 the above-named petitioner timely refiled an
Administrative Appeal against an order issued on January 31, 1990
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
115 Cabrini Boulevard, New York, New York, Apartment C-21.
The Administrative Appeal is being determined pursuant to the
provisions of Sections 26-514 and 2529.6 of the Rent
Stabilization Law and Code.
The issue herein is whether the District Rent Administrator's
order was warranted.
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 on November 30, 1989 by the
tenant's filing of an individual statement of complaint of
decrease in services with the Division of Housing and Community
The owner did not file an answer to the tenant's complaint.
The record indicates that the tenant failed to provide access to
the subject apartment for the purpose of physical inspection by
the Inspection Unit at DHCR.
In Order No. DL 410228 S issued January 31, 1990, the District
Rent Administrator terminated the proceedings due to the tenant's
failure to provide access for inspection on two occasions.
In this petition, the tenant contends that the inspector never
showed up on January 11, 1990 and that she received no notice
that the inspector would be present the next day.
The inspector reported that the tenant did not keep the
EC 410566 RT
appointments for inspections scheduled for January 11, 1990 and
January 12, 1990. It was proper for the District Rent
Administrator to rely upon the inspector's statemens which bear
greater probative value than the tenant's assertions.
This order and opinion is issued without prejudice to the right
of the tenant to file another complaint of service reduction if
the tenant believes the fact so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA