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.:
PETITIONER EL 110007-HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 25, 1991, the above-named tenant refiled a petition for
administrative review of an order issued on January 30, 1991, by
a Rent Administrator concerning the housing accommodation known
as Apartment 1-R, 1868 Madison Street, Ridgewood, New York,
wherein the tenant's application for a rent reduction was denied.
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 for review.
On November 28, 1990 the subject tenant, filed an application for
a rent reduction based on the owner's alleged failure to maintain
service alleging inadequate heat and hot water in her apartment.
On January 10 and January 23, 1991, physical inspections of the
subject apartment were attempted by the Division of Housing and
Community Renewal (DHCR). The inspector, in his report, noted
that the tenant, on both dates, had failed to provide access to
On July 30, 1991, the Rent Administrator issued the order here
under review denying the applicati n and terminating the pro-
ceeding based on the tenant's failure to provide access.
In her petition for administrative review the tenant requests
reversal of the administrator's order alleging that she couldn't
be at home at the times of the inspector's visits.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes on that the tenant on two occasions, was
served with notices of inspection prior to the scheduled dates of
the inspections, that both of these notices included t e inspec-
tor's name and telephone number, advised the tenant to be home or
to "arrange to have your apartment available for inspection", and
advised "Failure to keep this appointment may result in a deter-
mination based solely on the evidence presently in the record."
The tenant, in her petition does not allege that she made any
attempts to telephone the inspector to reschedule the inspec-
tions, nor does she allege that she attempted to make the apart-
ment available for inspection. Accordingly, the Commissioner
finds that the tenant has offered insufficient reason to disturb
the administrator's order.
This order and opinion is issued without prejudice to the ten-
ant's right to file a new complaint of inadequate heat and hot
water if the facts 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 Rent Administrator's order be, and the same hereby