FC220278RT

                                  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.: FC220278RT
                                                                             
                   WILLIAM SLAVSKY                   RENT ADMINISTRATOR'S
                                                     DOCKET NO.: EK220097OR
                                    PETITIONER
          -------------------------------------x

          ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

          On March 20, 1991, the above-named petitioner-tenant filed a 
          petition for administrative review (PAR) of an order issued on 
          March 1, 1991, by the Rent Administrator, concerning the housing 
          accommodation known as 8320 Bay Parkway, Apt. C-14, Brooklyn, New 
          York, wherein the Administrator granted the owner's application to 
          restore the rent, which had been reduced under Docket No. BI210236S 
          on May 19, 1988.

          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 administrative appeal.

          The issue herein is whether the Rent Administrator properly granted 
          the owner's application for rent restoration.

          The owner's application for rent restoration, dated October 12, 
          1990, alleged that all repairs and services which were the subject 
          of the rent reduction order issued under Docket No. BI210236S, on 
          May 19, 1988 were either restored as established in other proceed- 
          ings or the tenant failed to provide access or the complaint was 
          withdrawn.

          On December 6, 1990, the tenant filed an answer to the owner's  
          rent restoration application, alleging that the owner failed to 
          fully restore services, that he did not unreasonably refuse access 
          to his apartment and that he had not withdrawn any complaint.

          The DHCR inspection report of February 4, 1991, revealed that 
          although both parties were notified to be present at the 
          inspection, the tenant was not present.

          Based on the tenant's failure to provide access, the owner's 
          application was granted.














          FC220278RT

          On the appeal, the petitioner-tenant asserts in pertinent part, 
          that he was unaware that the inspector was coming on the specified 
          date and that on the day in question, he was out of town.

          The owner was served with a copy of the petition on March 28, 1991.

          After a careful consideration of the entire evidence of record the 
          Commissioner is of the opinion that the administrative appeal 
          should be denied.

          The owner on proof of restoration of those services which were the 
          subject of the Rent Administrator's reduction order is, by law, 
          entitled to apply for an order of rent restoration.

          The Rent Administrator, in granting the owner's rent restoration 
          application, based his determination on the tenant's failure to 
          provide access to the subject apartment to the DHCR inspector and 
          the owner's workers.

          The Commissioner has considered the petitioner's claim that he was 
          not properly notified of the inspection date and finds this 
          argument to be without merit.

          A properly addressed Notice of Inspection (For Access) was mailed 
          to the tenant on January 18, 1991, was not returned by the Post 
          Office, and is presumed to have been received by the tenant but he 
          failed to appear for the inspection appointment.

          In view of a preponderance of evidence which shows that the tenant 
          was afforded adequate opportunity to provide access to his 
          apartment, the Commissioner finds that the Rent Administrator 
          properly granted the owner's application for rent restoration.

          THEREFORE, in accordance with the provisions of the Rent and Evic- 
          tion Regulations for New York, it is

          ORDERED, that the tenant's 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
                                                       DEPUTY COMMISSIONER
    

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