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.:
ARNOLD J. MUNGIOLI,
PETITIONER DK 630032-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 15, 1991, the above-named tenant refiled a petition for
administrative review of an order issued on February 26, 1991, by
a Rent Administrator concerning the housing accommodation known
as Apartment 4-A, 387 East Mosholu Parkway, Bronx, 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 9, 1989 the subject tenant, filed an application for
a rent reduction based on the owner's alleged failure to maintain
service alleging dirty public areas and dirty baseboards in the
On February 7, 1991 a physical inspection of the subject building
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector, in his report, noted that the complained
of conditions were not as alleged by the tenant.
On February 26, 1991, the Rent Administrator issued the order
here under review finding that no diminution of services had
occurred, denying the rent reduction application, and terminating
In his petition for administrative review the tenant requests
reversal of the Rent Administrator's order alleging that the
complained of condition still exists and that the inspector did
not contact him.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
Prior administrative decisions have consistently held that due
process does not require that parties be given notice of inspec-
tions carried out by this Division. An inspection of public
areas does not require the participation of either party to the
proceeding for the purpose of obtaining access.
The Commissioner notes that while the tenant questions t e find-
ings of fact the record clearly reflects those findings by virtue
of DHCR inspection which occurred on February 7, 1991.
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