Landlord Not Entitled to Notice of Inspection Report

April 1, 1999

LVT Number: 13149

Tenant complained of a reduction in services. Landlord answered the complaint, stating that repairs had been made. Two months later, a DHCR inspection showed that the condition still existed. The DRA ruled for tenant and reduced her rent. Landlord appealed to the DHCR and lost. Land- lord appealed to the court, claiming that the DHCR's decision was arbitrary and unreasonable. Landlord argued that it should have been given notice of the DHCR's inspection report and been given another chance to make repairs before tenant's rent was reduced. The court and appeals court ruled against landlord.

Tenant complained of a reduction in services. Landlord answered the complaint, stating that repairs had been made. Two months later, a DHCR inspection showed that the condition still existed. The DRA ruled for tenant and reduced her rent. Landlord appealed to the DHCR and lost. Land- lord appealed to the court, claiming that the DHCR's decision was arbitrary and unreasonable. Landlord argued that it should have been given notice of the DHCR's inspection report and been given another chance to make repairs before tenant's rent was reduced. The court and appeals court ruled against landlord. Landlord wasn't entitled to notice of the inspection report or any additional chance to make repairs before the agency made its decision.

Bel Air Leasing Limited Partnership v. DHCR: NYLJ, p. 31, col. 5 (3/12/99) (App. Div. 2 Dept.; Miller, JP, Thompson, Friedmann, Florio, JJ)

Topics

More like this