Landlord Didn't Prove Two Access Requests Were Made

Tenant complained of a reduction in various apartment services. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled against landlord, who appealed and lost. Landlord claimed that tenant prevented restoration of the bathroom sink but didn't sufficiently document all efforts to gain access to the apartment for repairs. The DHCR will direct a "no-access" inspection where landlord can arrive prepared to make repairs with the DHCR's inspector present only after landlord shows that it already sent two letters to tenant to arrange access. DHCR Policy Statement 90-5 states that each letter must be mailed to tenant at least eight days before the proposed access date, and the second letter must be sent by certified mail. In this case, landlord didn't submit proof of its access requests to the DHCR.

344 East 85th Street, LLC: DHCR Adm. Rev. Docket No. FM410020RO (9/15/17) [3-pg. doc.]