Landlord Didn't Follow Procedure for No-Access Inspection

Tenant complained of a reduction in services based on peeling paint and plaster in his apartment. The DRA ruled for tenant after an inspection and reduced his rent. Landlord appealed, claiming that tenant refused access to its contractor to make the repairs needed. Landlord submitted a letter from its contractor confirming this. The DHCR ruled against landlord. If landlord claims that tenant won't provide access, Rent Stabilization Code Section 2523.4(d)(2) requires landlord to show that it sent at least two certified letters to tenant setting up an access date at least eight days in advance, and then show that tenant didn't provide access on the dates arranged. The DRA advised landlord of this procedure and received no proof from landlord.

140 East 46th Street LLC: DHCR Adm. Rev. Docket No. WG410051RO (9/26/08) [2-pg. doc.]