Docket Number: FF 110172-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FF 110172-RO
:
DISTRICT RENT ADMINISTRATOR'S
VIG ASSOCIATES/ DOCKET NOS.: EJ 110128-OR/
RAMESH C. VIG, : EA 110136-OR/ DH 110166-S
: SUBJECT PREMISES:
43-31 Ithaca St., Apt. No. 204,
PETITIONER : Elmhurst, NY 11373
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 14, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on May 28, 1991, concerning
the housing accommodations relating to the above-described docket
number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
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 petition.
The original proceeding was commenced on October 16, 1990 by the
owner filing an application to restore rent based on the restoration
of services.
Because the owner alleged in its application tenant's refusal of
access, the parties involved was duly informed of a No Access
inspection on "February 14, 1991 at 10:00-10:30 a.m."
Thereafter on said scheduled date, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
continued existence of defective conditions. Though duly informed
of this inspection, the "owner was not present at time of inspec
tion."
On May 28, 1991, the Administrator denied the owner's application.
In this petition, the owner states in substance that "tenant gave us
only limited access and allowed us to work only on items tenant
wanted us to correct."
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
Because the owner alleged in its application tenant's refusal of
access, the parties involved (including the owner) were duly
informed of a No Access inspection. According to the inspection
report, the "owner was not present at time of inspection." The
Docket Number: FF 110172-RO
owner thus failed in the proceeding below and in this petition to
follow Policy Statement 90-5 "Arranging Repairs/No Access Inspec
tions."
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.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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