DHCR Need Not Send Inspection Report to Landlord

Tenants complained of a reduction in building-wide services because roof door alarms were not working. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that the DRA's decision was based on a DHCR inspector's report, and that the DHCR should have sent him a copy of this report before deciding tenants' complaint. The DHCR ruled that the DRA had notified landlord of tenants' complaint and had given landlord the opportunity to make repairs. The DHCR's inspection was conducted after landlord claimed that all services were being maintained. Tenants also had notified landlord of their claim before they filed their complaint, in accordance with the Rent Stabilization Code requirements. The DRA wasn't required to send landlord a copy of the inspection report. Landlord had ample time to correct any defective conditions after proper notification of tenants' complaint.

Parkash: DHCR Adm. Rev. Docket No. TJ630035RO (1/19/07) [2-pg. doc.]