EC 610385 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 610385 RT
RICARDO MIRABAL, DRO DOCKET NO.: DB 610279-S
Premises: 120 West 228th Street
Apt. 4H, Bronx, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed a petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
The owner interposed an answer to the tenant's complaint stating
that some repairs have been performed and the remainder is
scheduled to be completed shortly.
Thereafter, an Agency inspector scheduled an appointment with the
tenant to gain access to the subject apartment on February 15,
The inspection report discloses that the Agency inspector did not
gain access at the appointment date and time from the tenant.
On February 15, 1990, the inspector left notice at the tenant's
apartment, again, requesting access to the subject apartment, on
February 16, 1990.
The inspection report discloses that the Agency inspector, again
did not gain access at the appointment date and time from the
On March 5, 1990, the Rent Administrator issued an order based on
the inspection report, denying the tenant's application and
terminating the proceeding.
EC 610385 RT
In his petition the tenant asserts that the inspector was sick for
the first inspection appointment, and for the second inspection
appointment, the tenant was on strike at his workplace. The
tenant requests another opportunity for an inspection.
The owner interposed an answer to the tenant's petition contending
that all necessary repairs were made.
The Commissioner is of the opinion that the petition should be
The Rent Administrator correctly terminated the proceeding based
on the tenant's failure to keep the inspection appointments. The
petitioner has failed to point to any error in fact or law in the
Administrator's order. Accordingly, this petition must be denied.
This order is issued without prejudice to the tenant's right to
file a new complaint, if the facts so warrant, being mindful of
the need to make the apartment available for inspection.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
for New York City, 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