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.:FA11O377RO
Louise C. Parrish, RENT ADMINISTRATOR'S
DOCKET NO.:DL110098OR
SUBJECT PREMISES:
140-71 Ash Avenue
Apt. 102
Flushing, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on December 31, 1990 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 owner commenced this proceeding on December 19, 1989 by filing
an application to restore rent based on the owner's restoration of
services and the tenant's consent to same.
On November 19, 1990, DHCR mailed to the tenant and owner a Notice
of Inspection scheduled for November 28, 1990. Apparently, the
tenant vacated the apartment.
On November 30, 1990, another Notice of Inspection with the December
10, 1990 appointment date was mailed to both owner and the tenant in
occupancy. This Notice was correctly mailed to "P.O. Box 992,
Flushing, NY 11354."
The inspector reported that on December 10, 1990, the owner did not
show up.
Another appointment was set up on December 11, 1990 by the inspector
who reported that the new tenant was not in the apartment.
By an order dated December 31, 1990, the Administrator denied the
owner's application to restore rent based on the evidence in the
file that the owner failed to keep the inspection appointment on
December 10, 1990.
In this petition, the owner contends that it received no notice of
the December 10, 1990 inspection date. The Commissioner notes the
petitioner's address as "P.O. Box 992, Flushing, NY 11354."
FA110377RO
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The record establishes that on November 30, 1990, a Notice of
Inspection with the December 10, 1990 appointment date was mailed to
the owner and the tenant in occupancy; and that the Notice to the
owner was correctly mailed to "P.O. Box 992, Flushing, NY 11354,"
which is the same as the petitioner's address. Accordingly, the
Commissioner finds the owner's allegation that it did not receive
notice of the inspection appointment unconvincing and lacking of
credibility.
The record shows that the owner commenced this proceeding on
December 19, 1989 by filing an application to restore rent based on
the owner's restoration of services and the tenant's consent to
same. The Commissioner notes that it is the owner who is most
interested in rent restoration and in position to make the apartment
available for inspection if the tenant vacated or at least to keep
the scheduled inspection appointment regardless of a new tenant in
possession or not. Yet despite due notice, the owner failed to keep
the inspection appointment on December 10, 1990.
Accordingly, the Administrator properly denied the owner's
application.
The Commissioner notes that the petitioner's application to restore
rent under docket number FF110134OR was granted on November 26,
1991.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this 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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