GJ410242RT
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.:
GJ410242RT
MARINA ZANGARA,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER GG410010HW
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 26, 1992, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
October 15, 1992, by the Rent Administrator, concerning the housing
accommodations known as 400 East 57th Street, Apartment 10-A,
New York, New York, wherein the Administrator determined tenant's
application for a rent reduction based upon the owner's alleged
failure to provide adequate heat and hot water.
The challenged order denied the tenant's application and terminated
the proceeding on the ground that the tenant had failed to provide
access to the Division's inspector on September 22 and September
23, 1992.
On appeal the tenant claims she was never notified that DHCR had
scheduled an inspection.
However, the record below reveals that the notice of the September
22, 1992 inspection was mailed on September 8, 1992, properly
addressed. The record also contains a duplicate of a notice, pre-
pared by the inspector on-site and left at the tenant's premises,
advising that he would return the following day, September 23,
1992.
The record shows that the Administrator processed and determined
the tenant's application properly, and in accordance with the
agency's normal procedures. The tenant's bare claim on appeal that
she did not have notice of the inspection does not warrant further
consideration.
GJ410242RT
This order is issued without prejudice to the tenant's right to
apply for a rent reduction for 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 owner'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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