Landlord Didn't Follow Procedure for No-Access Inspection

Tenant complained of a reduction in services based on various apartment conditions. The DRA ruled for tenant and reduced her rent after DHCR inspection confirmed 14 conditions. Landlord appealed, claiming that tenant had refused access to landlord for repairs. Landlord claimed that it made reasonable, repeated efforts to complete the repair work. The property manager and building super went to tenant's apartment on five separate occasions during August 2010, and landlord sent letters to tenant by certified mail and hand-delivery five times during September 2010. Tenant didn't respond. Landlord also sent tenant a notice to cure in September 2010 and later started an eviction proceeding against tenant for failing to give access. Landlord claimed that the DHCR should have ordered a "no-access" inspection before ordering a rent reduction. Landlord didn't follow the correct procedure to trigger a no-access inspection. Landlord was required to send two letters by certified mail, return receipt requested, at least eight days in advance of a proposed access date, before seeking a no-access inspection. Landlord's letters to tenant were sent by certified mail, return receipt requested, but didn't propose access dates. Instead, the letters urged tenant to contact landlord to set up appointments for repairs.

Violet Towers, Inc.: DHCR Adm. Rev. Docket No. ZE410014RO (5/18/12) [3-pg. doc.]