DHCR Properly Closed Tenant's Complaint

April 1, 2002

LVT Number: 15705

Tenant complained to the DHCR of landlord harassment. Landlord had applied to the DHCR for permission to remove a security gate, which was a required service because it had been provided in the past, but which was illegal under city law. The DHCR granted landlord's application to remove the security gate and gave tenant a rent reduction. Tenant didn't appeal that decision. But tenant refused to give landlord access to the apartment or to otherwise cooperate with the DHCR's plan to correct the safety and habitability problems created by the legal removal of the security gate.

Tenant complained to the DHCR of landlord harassment. Landlord had applied to the DHCR for permission to remove a security gate, which was a required service because it had been provided in the past, but which was illegal under city law. The DHCR granted landlord's application to remove the security gate and gave tenant a rent reduction. Tenant didn't appeal that decision. But tenant refused to give landlord access to the apartment or to otherwise cooperate with the DHCR's plan to correct the safety and habitability problems created by the legal removal of the security gate. So the DHCR closed tenant's harassment complaint. Tenant appealed. The court and appeals court ruled against tenant. The DHCR's decision to close tenant's complaint was reasonable.

Dibbs v. Mulholland: NYLJ, 3/7/02, p. 18, col. 6 (App. Div.1 Dept.; Mazzarelli, JP, Ellerin, Lerner, Rubin, Marlow, JJ)

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