Landlord Claims Tenant Denied Access for Repairs Needed to Restore Rent

April 1, 2001

LVT Number: 14834

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later applied to restore the rent but claimed tenant wouldn't give access for the repairs needed. The DHCR ruled against landlord. Landlord then filed a court case, claiming that the DHCR's decision was unreasonable. The court ruled for landlord. The DHCR hadn't adequately addressed the issue of access, and its ruling wasn't supported by the facts in the case. The case was sent back for further processing to determine if landlord had tried to gain access and if tenant had refused.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later applied to restore the rent but claimed tenant wouldn't give access for the repairs needed. The DHCR ruled against landlord. Landlord then filed a court case, claiming that the DHCR's decision was unreasonable. The court ruled for landlord. The DHCR hadn't adequately addressed the issue of access, and its ruling wasn't supported by the facts in the case. The case was sent back for further processing to determine if landlord had tried to gain access and if tenant had refused.

Meadow Glen Realty Co. v. DHCR: NYLJ, 3/28/01, p. 25, col. 3 (Sup. Ct. Queens; Milano, J)

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