DHCR Properly Restored Tenant's Rent After Tenant Refused to Give Access for Repairs

The DHCR's Rent Administrator issued a rent reduction order for rent-stabilized tenant's apartment in 2021 based on a reduction in services. Landlord later filed an application to restore rent, claiming that tenant refused its attempts to gain access to repair the conditions found by the DHCR. The DHCR then scheduled a "no access" inspection on May 3, 2022, and later granted landlord's rent restoration application because tenant refused to provide access to landlord and its workers who appeared at the apartment on that date. Tenant appealed this decision, and the DHCR denied his PAR. Tenant then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant. The DHCR's order restoring rent was reasonable and based on the administrative record, after tenant had intentionally and unreasonably refused access for repairs without sufficient cause.

Trapp v. DHCR: Index No. 451312/2023, 2023 NY Slip Op 33873(U) (Sup. Ct. NY; 10/30/23; Kraus, J)