Landlord Not Allowed in Apartment During Inspection

(Decision submitted by Beth Cohen of the Manhattan law firm of Rosenberg & Estis, PC, attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant after an inspection confirmed that the air conditioner in the bedroom wasn't working. Landlord appealed. The Rent Stabilization Code, as amended in 2000, permits landlords to be notified of DHCR apartment inspections. Landlord was given notice, but tenant refused to permit landlord to enter the apartment during the inspection. Landlord argued that this made the right to notice of the inspection ineffective. The DHCR ruled against landlord, and landlord requested reconsideration. The DHCR then reopened the case and ruled for landlord. Landlord's right to notice of the inspection also meant that landlord had a right to be present in the apartment at the inspection.

Roc-Jane St., LLC: DHCR Admin. Rev. Dckt. No. QF410019RK (1/9/03) [4-pg. doc.]