DHCR Properly Scheduled Second Inspection of Conditions

Rent-stabilized tenant complained of a reduction in services, claiming that kitchen drawers were loose and that cold air was seeping through the second bedroom's air conditioner. DHCR inspection on Feb. 23, 2016, confirmed the conditions, but shortly thereafter landlord filed an answer stating that the conditions had been repaired. Landlord said that the areas around the air conditioner were sealed and that it gave tenant two air conditioner covers to prevent cold air from entering the apartment. In March 2016, the DRA sent tenant a request for additional information to confirm landlord's report, and tenant claimed that there was still cold air coming in through the air conditioner. The DHCR scheduled another inspection on May 9, 2016, but tenant failed to provide access. On May 31, 2016, tenant filed a reply claiming that the DHCR's inspection notice was stuck in a magazine he received in the mail and so he didn't see it when first delivered. Tenant asked for rescheduling of the inspection. The DRA ignored tenant's request, ruled against tenant, and dismissed the complaint.

Tenant appealed and lost. While repeating his claim that he had requested rescheduling of the second inspection, he argued that the DHCR shouldn't have scheduled a second inspection. The DHCR found that the second inspection was correctly scheduled and necessary to investigate the conflicting claims of landlord and tenant. And there was no proof before the DRA at the time the case was decided that tenant sought to reschedule the second inspection.

Gebaide: DHCR Adm. Rev. Docket No. ES110017RT (3/9/17) [5-pg. doc.]