Landlord Not Contacted After ‘No Access' Inspection

Tenant complained of a reduction in services. An inspection showed paint and plaster damage in tenant's bathroom. The DRA ruled for tenant and reduced his rent. Landlord appealed, pointing out that it made a ``no access'' inspection with DHCR. At that time it was agreed that a leak from the upstairs apartment had to be repaired before painting and plastering could be done. Landlord claimed that tenant repeatedly refused access for bathroom repairs after the leak was repaired. The DHCR ruled for landlord. DHCR's policy is to contact tenant after a ``no-access'' inspection to ask whether necessary repairs were done and to forward tenant's response to landlord if tenant says they weren't. In this case, no follow-up contact was made with either tenant or landlord. So the DRA shouldn't have reduced tenant's rent based on the second inspection without advising landlord who then could have told the DRA of the continuing access problems. The DHCR revoked the rent reduction without sending the case back for further investigation since tenant's rent had already been restored.

Parman Corp.: DHCR Adm. Rev. Dckt. No. IE110197RO (11/4/96) [3-page document]