Landlord Claims Tenant Denied Access for Repairs

Rent-stabilized tenant in Nassau County complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord had claimed that tenant refused access to make repairs after filing his complaint. But landlord didn't comply with the requirements of DHCR Policy Statement 90-5 for No Access inspections. Landlord failed to submit copies of two letters sent to tenant to arrange access. Each such letter must be mailed to tenant at least eight days before the requested access date, and the second letter must be sent by certified mail. These letters must be sent before the DHCR will order a No Access inspection.

Artus: DHCR Adm. Rev. Docket No. ZB710029RO (12/30/11) [2-pg. doc.]