Court Orders No-Access Inspection in Article 78 Appeal

The DHCR granted landlord’s application to restore rent because tenant failed to provide access to a DHCR inspector. Tenant filed an Article 78 court appeal, claiming that the DHCR’s inspector failed to show that tenant wasn’t home at the time of the scheduled “no-access” inspection. The court ruled for tenant and sent the case back to the DHCR for reconsideration. At the same time, the court ordered a new no-access inspection of tenant’s apartment. The DHCR’s inspector reported that all conditions, relating to flooring repairs in the bathroom as well as installation of a new bathtub, had been completed. The court also noted in its decision that the parties stated that repairs were completed. So the DHCR confirmed rent restoration based on restoration of services.

Edghill: DHCR Adm. Rev. Docket No. ER210016RP (8/4/16) [2-pg. doc.]