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.: GB210154RT
Constance Ross : RENT ADMINISTRATOR'S
DOCKET NO.: FI210024S
PETITIONER : PREMISES: 25 Lefferts Ave.
------------------------------------X Brooklyn, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-name tenant timely filed a Petition for Administrative Review
of an order issued concerning the housing accommodation relating to the
above-described docket number.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issue
raised by the petition.
The tenant commenced the proceeding below by filing a complaint asserting
that the owner had failed to maintain certain services in the subject
The owner interposed an answer to the tenant's complaint stating in
pertinent part, that services are being provided.
On December 23, 1991, a Notice of Inspection was sent to the tenant
requesting access to the subject apartment on December 31, 1991.
The inspection report discloses that the Agency inspector did not gain
access at the appointment date and time.
On December 31, 1991, a second Notice of Inspection was sent to the
tenant requesting access to the subject apartment on January 14, 1992.
The inspection report discloses that the Agency inspector again did not
gain access at the appointment date and time.
On January 31, 1992, the Rent Administrator issued an order based on the
inspection report, denying the tenant's application and terminating the
In her petition the tenant admits that she was not at home to allow
access to the inspector. She further contends that she was on vacation
from December 17, 1991 to January 14, 1992 and was not aware that the
apartment had to be inspected.
The Commissioner is of the opinion that the petition should be denied.
The Rent Administrator correctly terminated the proceeding based on the
tenant's failure to keep two scheduled inspection appointments two weeks
apart. Accordingly, this petition must be denied.
This order is issued without prejudice to the tenant's right to file a
new complaint, if the facts so warrant, being mindful of the need to make
the apartment available for inspection.
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 is, affirmed.
Joseph A. D'Agosta