Landlord Made Repairs One Week After No-Access Inspection

(Decision submitted by Daniel Roskoff of the Queens law firm of Horing & Welikson, P.C., attorneys for the landlord.) Tenant complained of a reduction in services, claiming a number of conditions. Landlord claimed that tenant wouldn't provide access for repairs. The DHCR conducted a no-access inspection. Landlord was present at the inspection, but didn't have materials on hand to make the needed repairs. Landlord made the repairs a week later. The DRA ruled for tenant because landlord wasn't ready to make the repairs on the day of the no-access inspection. Landlord appealed, claiming that the DRA's decision was unreasonable. The DHCR ruled against landlord. Landlord then started a court case to challenge the DHCR's ruling. The court ruled for landlord. The DHCR's decision was arbitrary and unreasonable. Landlord couldn't determine what repairs were needed until the inspection was made and couldn't be expected to have all materials on hand at that time. Landlord reasonably made the actual repairs within a week of the inspection. The case was sent back for the DHCR to reconsider.

Jairam v. DHCR: Index No. 27970/99 Sup. Ct. Kings 12/14/99; Bernstein, J) [9-pg. doc.]