DHCR Inspection Conducted Too Early

Tenant complained of reduced services. On Feb. 12, the DHCR mistakenly sent landlord's copy of tenant's complaint to the wrong address. A DHCR inspection took place on March 6, and the inspector found that tenant's apartment lacked adequate heat and hot water. On March 16, the DHCR mailed a second copy of tenant's complaint to landlord's correct address. The DRA sent landlord a notice asking it to respond to the inspection results. The DRA found that landlord had never responded to this notice, and cut tenant's rent based on the inspector's report. Landlord appealed, arguing that it had responded to the notice on time, and that tenant's apartment had adequate heat and hot water. The DHCR revoked the rent cut. An inspection shouldn't have been conducted until after landlord had been given enough time to respond to tenant's complaint. In this case, the inspection took place before landlord got tenant's complaint. Also, landlord had responded to the complaint, stating that heat and hot water were adequate. The DRA should have conducted a follow-up inspection to confirm landlord's claim.

Barry Assoc.: DHCR Adm. Rev. Dckt. No. EE 410077-RO (10/23/94) [4-page document]