STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GD410364RT
DOCKET NO.: FL410145S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 28, 1992, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
April 9, 1992, by the Rent Administrator, concerning the housing
accommodation known as 1801 7th Avenue, New York, N.Y., Apt. 5-B,
wherein the Administrator determined that the relief requested by
the tenant is denied and the proceedings terminated due to the
tenant's failure to provide apartment access to the DHCR inspector
on March 18, 1992 and March 19, 1992.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly
terminated the proceedings below. On appeal, the petitioner-
tenant asserted that the DHCR failed to give adequate notice of the
proposed inspection dates.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The tenant filed a decrease in services complaint on December 4,
1991, and on February 18, 1992, the owner answered that all repairs
and services which were the subject of the complaint were completed
in a workmanlike manner.
The record under review shows that the Division mailed the first
inspection notice to the tenant at her correct address on March 11,
1992 for a March 18, 1992 appointment and that a second (follow-up)
inspection notice, dated March 18, 1992, establishing a March 19,
1992 appointment was slipped under the tenant's door.
The record indisputably shows that the tenant failed to provide
access to the DHCR inspector on March 18, 1992 and March 19, 1992.
In view of a preponderance of evidence which shows that the tenant
was afforded adequate opportunity to provide access to her
apartment, the Commissioner finds that the Rent Administrator
properly terminated the proceedings below. This order and opinion
is without prejudice to the tenant's right to file a new complaint,
being mindful of the obligation to make the apartment available for
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA