GJ410185RT
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.:
GJ410185RT
ANGELA ZIVKOVIC,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER GF410017HW
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 19, 1992, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
September 17, 1992, by the Rent Administrator, concerning the
housing accommodations known as 519 East 5th Street, Apartment 15,
New York, New York, wherein the Administrator determined the
tenant's complaint of inadequate hot and cold water and water
pressure.
The challenged order denied the tenant's application for a rent
reduction and terminated the proceeding on the ground that the
tenant had failed to provide access to the subject apartment to the
Division's inspectors on two occasions.
On appeal the tenant claims that the failure to provide access was
inadvertent. The tenant claims that she had left for vacation
prior to receiving notice of the first inspection on August 12,
1992. The tenant also claims that on August 25, 1992 she waited
until 3:00 P.M. for the inspector and that telephone calls to the
Division on that date to advise that no one would be in the
apartment after 3:00 P.M. were not answered.
The Administrator processed the order and denied the tenant's
application for a rent reduction in accordance with the agency's
procedures. The tenant's failure to provide the Administrator
advance notice of her absences precluded the Administrator from
scheduling or rescheduling the inspections for other dates.
GJ410185RT
The Administrator's determination was correct and should be
affirmed. However, this order is issued without prejudice to the
tenant's right to apply for a rent reduction based on current
service decreases, as the facts may warrant.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is
ORDERED, that the tenant's petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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