Landlord Didn't Notify DRA of Tenant's Failure to Provide Access

The DRA ordered a rent cut for reduced services based on several apartment conditions. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord because only two of the three conditions were repaired. There were still large holes covered with plastic in the low ceiling of a storage space room. Landlord appealed, claiming that he had sent two letters to tenant by certified mail to get access for repairs, but that tenant didn't provide access. The DHCR ruled against landlord. Landlord should have advised the DHCR that tenant didn't provide access, so that the DRA could conduct a no-access inspection. Landlord didn't advise the DRA of the lack of access until at least six months after he wrote to tenant for access.

Pacuku: DHCR Adm. Rev. Dckt. No. SI310076RO (1/11/05) [2-pg. doc.]