Landlord Didn't Document No-Access Claim

Rent-stabilized tenant complained of a reduction in services based on various apartment conditions. The DRA ruled for tenant and reduced his rent. Landlord appealed, denying any reduction in services and claiming that tenant failed to give access for repairs. The DHCR ruled against landlord. The DHCR inspection showed, among other things, that the stove was defective; the kitchen floor was uneven and had cracked, missing tiles; and the kitchen ceiling and walls had peeling paint and cracked plaster. And landlord didn't prove a valid no-access claim. Landlord should have submitted copies to the DHCR of two letters written to tenant attempting to arrange access for repairs. Each letter must have been mailed by certified mail, return receipt requested, at least eight days before the date proposed for access.

Schertz: DHCR Adm. Rev. Docket No. ZC110025RO (2/3/12) [2-pg. doc.]