Landlord Didn't Prove It Made Access Requests

Rent-stabilized tenant complained of a reduction in services based on bathroom ceiling problems and vermin. The DRA ruled for tenant and ordered a rent reduction. Landlord appealed and lost. Landlord claimed that tenant didn't provide access for repairs despite request. But landlord's claim was insufficient. Rent Stabilization Code Section 2523.4(d)(2) requires landlord to prove access requests by sending two letters to tenant by certified mail, return receipt requested, each eight days in advance of the proposed access date. However, when landlord answered tenant's complaint, it said that repairs were done and that, although tenant provided access to the exterminator, tenant didn't comply with apartment-prepping requirements to obtain effective treatment. Landlord also failed to submit required documentation of its claimed access requests. 

Selimaj: DHCR Adm. Rev. Docket No. EX610007RO (9/15/17) [3-pg. doc.]