Landlord Didn't Prove Tenant Denied Access for Repairs

Rent-stabilized tenant complained of a reduction in required services because cooking gas service wasn't being provided. The DRA ruled for tenant and reduced his rent based on DHCR inspection in November 2021. Landlord appealed and lost. Landlord claimed that the reason tenant didn't have gas service at the time of inspection was that tenant had refused to provide access for landlord to reconnect the stove and turn on the gas. After a Con Edison outage, gas service had otherwise been restored to the rest of the building. But the DHCR pointed out that landlord didn't document any efforts to gain access to the apartment or to advise the DRA that tenant had refused access. Landlord was required to send two written notices to tenant by certified mail, return receipt requested, giving at least eight days' notice to tenant of an access date for repairs. Landlord claimed that it had sent such notice but didn't submit copies of any letters or proof of mailing. [Download PDF of decision here.]

Stellar 2020 LLC: DHCR Adm. Rev. Docket No. KM610015RO (4/29/22)[3-pg. document]