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.:
ROMAN ALDECOA, DOCKET NO.:
PREMISES: 520 W. 139 St.
PETITIONER Apt. 2, New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 10, 1992 the above-named tenant filed a Petition for
Administrative Review of an order issued on July 28, 1992
concerning the housing accommodations relating to the above-
described docket number.
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 tenant commenced the proceeding on March 25, 1992 by filing a
complaint asserting that the owner had failed to maintain certain
services throughout the subject apartment, including a failure to
replace a defective stove.
In answer to the complaint, the owner stated that now that the
conditions requiring repair have been brought to its attention, the
work has either been completed or is scheduled to be done soon. In
a reply dated June 19, 1992, the tenant stated that all repairs had
been done except the stove which the owner has been promising to
replace for five years.
On June 23, 1992, a Notice of Inspection was sent to the tenant
requesting access to the subject apartment on July 1, 1992.
The inspection report discloses that the Agency inspector did not
gain access at the appointment date and time from the tenant.
On July 1, 1992 a second Notice of Inspection was sent to the
tenant requesting access to the subject apartment on July 8, 1992.
The inspection report discloses that the Agency inspector, again
did not gain access at the appointment date and time from the
On July 28, 1992, the Rent Administrator issued an order based on
the inspection report, denying the tenant's application and termi-
nating the proceeding.
In his petition the tenant states that he was home on both dates
but that the inspector did not visit his apartment.
The tenant's naked allegation that the inspector had not visited
the subject premises is unsubstantiated and is contrary to the
report by an agency inspector.
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 and Eviction Regulations of
New York City, 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,
JOSEPH A. D'AGOSTA