FJ 510331 RT
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.: FJ 510331 RT
DANNI TYSON RENT
ADMINISTRATOR'S DOCKET
NO.: FA 510307 OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 22, 1991 the above named petitioner-tenant timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued September 10, 1991. The order
concerned housing accommodations known as Apt 4H located at 1925
7th Avenue, New York, N.Y. The Administrator ordered the tenant's
rent restored based on failure to provide access to the subject
apartment for purposes of a physical inspection.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on December 19, 1990 by
filing an Application to Restore Rent wherein it stated that it had
restored services for which a rent reduction order had been issued
by the Administrator (see Docket No. DC 510455 S).
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant filed a response on
March 20, 1991 and stated, in substance, that the owner had not
completed repairs.
The Administrator ordered a physical inspection of the subject
apartment. A Notice of Inspection was sent to the tenant on July
12, 1991, informing the tenant that the inspector would visit the
apartment on July 17, 1991 between 10 AM and 4 PM. The inspector
appeared at the time set forth but the tenant failed to keep the
appointment. On July 17, 1991 the Administrator sent a Notice to
the tenant which stated that the inspector would return on July 29,
1991 between the hours of 10 AM and 4 PM. The inspector appeared
at the time set forth but, again, the tenant failed to keep the
appointment.
FJ 510331 RT
The Administrator issued the order here under review on
September 10, 1991. The rent was ordered restored effective April
1, 1991, based on the failure of the tenant to afford access to the
inspector.
On appeal the tenant states that services have not been
restored and that the Administrator failed to inform the tenant
about the impending inspections.
The owner filed a response on November 22, 1991 and stated
that services had been restored. The owner attached a statement by
a contractor, dated April 30, 1991, attesting to the repairs that
had been made. The owner also stated that the tenant agreed that
services had been restored.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The issue before the Commissioner is whether the Administrator
was correct in granting the owner's application based on the
failure of the tenant to afford access to the DHCR inspector. The
Commissioner finds that the Administrator was correct. Proper
notice was twice afforded to the tenant regarding the impending
inspections. It was the tenant's responsibility to afford access
to the inspector. A careful examination of the notices confirmed
that they were properly addressed and not returned by the Post
Office.
The tenant is advised to file a new complaint if the owner has
continued to fail to make necessary repairs.
THEREFORE, pursuant to 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 is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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