FI 610095-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



          ----------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.:   
                                                  FI 610095-RO

                                                  RENT ADMINISTRATOR'S
                 E.O. ASSOCIATES c/o              DOCKET NO. :
                 PARKOFF MANAGEMENT               FB 610199-OR
                                                              
                                                  PREMISES:
                                                  2765 Matthews Ave., Apt.4-C
                                                            PETITIONER     Bronx, New York 
          ----------------------------------x


             ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW


           On September 23, 1991, the above-named owner filed a timely 
           petition for administrative review of an order issued on August 22, 
           1991 concerning the housing accommodations relating to the above- 
           described docket number, wherein the Administrator denied the 
           owner's rent restoration application.

           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 above-named owner commenced this proceeding on February 19, 
           1991 by filing an application to restore rent that had been reduced 
           in an order issued on February 15, 1990 (DK 610047-S) finding that 
           certain services were not being provided or maintained.  The owner 
           claimed in the restoration application that all repairs have been 
           completed and submitted a copy of an undated work order purportedly 
           signed by the current occupant of the subject apartment stating 
           that all work had been done.

           On March 5, 1991, a copy of the owner's application was mailed to 
           the current tenant.  The Administrator's file does not contain any 
           response to this application.

           On June 5, 1991, a "Notice of Inspection (For Access)" was mailed 
           to the complainant or occupant and the owner, directing the tenant 
           and the owner and/or the owner's repair person(s) to be present at 
           the subject apartment on June 18, 1991 at 10:00 - 10:30 A.M. to 












          FI 610095-RO




           provide access to the owner for the purposes of repairs.  The 
           notice further states the "(f)ailure of the owner and/or the 
           owner's repair person(s) to be present and ready to attend to 
           repairs and/or restore services, or failure of the tenant to keep 
           this appointment will result in a determination based solely on the 
           evidence presently in the record."

           The Division of Housing and Community Renewal (DHCR) inspector who 
           visited the subject premises on June 18, 1991 reported that the 
           owner and the tenant did not keep the appointment and that the 
           building superintendent did not have the keys to the apartment and 
           did not know the name of the current tenant.  The inspector left 
           under the door another notice of inspection scheduled for June 19, 
           1991.

           The tenant failed to keep the second appointment and the building 
           superintendent had no keys for the apartment.

           On August 22, 1991, the Administrator issued the order appealed 
           herein denying the owner's application based on the owner's failure 
           to be present at the scheduled no-access inspections on June 18, 
           1991 and June 19, 1991.

           In this petition, the owner contends in substance that its agent 
           waited at the building until noon but the inspector did not appear.  

           The owner also refers to the previously submitted signed work 
           order, another copy of which is enclosed with the petition, and 
           asserts that it has complied with the directive to restore 
           services.  The record does not contain any answer to the petition.

           After careful consideration, the Commissioner is of the opinion 
           that the petition should be granted.

           The evidence of record reveals that the owner submitted with its 
           application a copy of a signed work order stating that all work has 
           been done.  The application was served on the current occupant but 
           no response was received disputing the owner's application.  The 
           tenant failed to keep the appointments with the inspector scheduled 
           for June 18 and 19, 1991 and did not respond to the petition.

           Accordingly, the Commissioner finds that restoration of the rent is 
           warranted.  The owner's agent (superintendent) did appear at the 
           two inspections.  An owner cannot compel an uncooperative or 
           disinterested tenant to give access to verify the completion of 
           repairs to conditions complained about by a prior occupant.  The 









          FI 610095-RO


           current occupant was given ample notice and opportunity to refute 
           the owner's entitlement to restoration of rent but has expressed no 
           objection. 


           THEREFORE, in accordance with the Rent Stabilization Law and Code, 
           it is,

           ORDERED, that this petition be, and the same hereby is, granted, 
           and that the Administrator's order be, and the same hereby is, 
           revoked and that the owner's rent restoration application be, and 
           the same hereby is granted and the rent is restored to the level in 
           effect prior to the rent reduction plus any lawful increases effec- 
           tive April 1, 1991.  Any arrears due to the owner as a result of 
           this Order and Opinion may be paid by the tenant in twelve equal 
           monthly installments. 


           ISSUED:




                                                                            
                                                 JOSEPH A. D'AGOSTA
                                                 Acting Deputy Commissioner






    

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