Landlord Made Good-Faith Effort to Correct Violations

Landlord applied for 2002–2003 MBR increases. The DRA ruled against landlord because there were too many outstanding building violations. Landlord requested reconsideration. He showed that the 15 outstanding violations were all related to one apartment. Landlord had requested a ''no access'' waiver because tenant deliberately denied access. This prevented landlord from making needed repairs to remove the violations. The DRA ruled for landlord and granted the MBR increases. Tenant appealed, claiming that she never refused access for repairs. The DHCR ruled against tenant. Landlord had submitted copies of correspondence requesting access, with proof of mailing. Landlord also submitted copies of letters from tenant and tenant's doctor that denied access on three different occasions. These letters claimed that tenant needed to delay giving access because of tenant's medical condition. Landlord proved that he made many good-faith efforts to gain access for repairs to tenant's apartment.

Eisenberg: DHCR Adm. Rev. Dckt. No. TA420056RT (6/15/05) [3-pg. doc.]