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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NO: GH410149RT
Francisco Rodriguez RENT ADMINISTRATOR'S DOCKET
138 Haven Ave., Apt. 8C
New York, N.Y.
ORDER AND OPINION REMANDING PROCEEDING
On August 21, 1992, the above-named tenant filed a timely petition
for administrative review of an order issued on August 13, 1992
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
issues raised by the petition.
The tenant commenced this proceeding in May 1991 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment. The tenant attached to the
complaint a pre printed check off list with many items checked
including defective bells and a broken intercom.
In answer to the complaint, the owner stated that three attempts
had been made to schedule repairs but the tenant refused to provide
On July 13, 1992, a Notice of Inspection was sent to the tenant
requesting access to the subject premises on July 30, 1992.
The inspection report discloses that the Agency inspector did not
gain access at the appointment date and time.
Docket No. GH410149RT - 2 -
In a second notice of Inspection left at the premises, the
inspector advised that he would return the following day, July 31,
The inspection report discloses that the Agency inspector, again
did not gain access at the second appointment date and time.
On August 13, 1992, the Rent Administrator issued an order based on
the inspection report, denying the tenant's application and
terminating the proceeding.
In his petition the tenant contends that he did not fail to provide
access and would now like an inspection at the subject apartment.
The Commissioner is of the opinion that the petition should be
remanded for further processing.
Since the tenant alleged in the complaint that the intercom and
doorbells were defective, it cannot be determined from the record
how the inspector notified the tenant of his arrival and,
therefore, a determination that the tenant failed to grant access
cannot be sustained.
On remand, another inspection should be scheduled and two
inspectors should be assigned to visit the premises to ascertain if
the bells and intercom serving the tenant's apartment are
functioning properly. The tenant should be notified by mail of the
scheduled appointment and the inspector should telephone the tenant
upon arrival at the building or in the immediate vicinity.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this proceeding be, and the same hereby is, remanded
to the Rent Administrator for further processing in accordance with
this order and opinion.
Joseph A. D'Agosta
New York State Division of Housing and Community Renewal
To: Renee Siboni
Rent Administrator/Tenant Services
From: Alice Ryen
Director Administrative Review,
Services Bureau Date:
Subject: Remand Order
Administrative Appeal Docket No.: GH410149RT
D.R.O. Docket No.: FE510665S
Subject Premises: 138 Haven Ave., Apt. 8C, New York, N.Y.
This proceeding is being remanded for the following
To investigate tenant's complaint of defective intercom
and doorbell in accordance with the Deputy Commissioner's