Landlord Only Arranged One Access Date

Tenant complained of a reduction in services based on a number of conditions. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that it made several attempts to repair the conditions and that tenant always refused access even when a specific date was arranged. Tenant denied this. The DHCR ruled against landlord. The DRA's record showed that landlord only arranged one specific access date which tenant didn't keep because she had to leave the country for five weeks because of a family emergency. There was no proof that landlord arranged a specific access date when tenant returned. DHCR Policy Statement 90-5 requires landlord to arrange two specific access dates giving at least eight days' notice of the dates to tenant with the second notice being sent by certified mail, and tenant must fail to allow access on each occasion.

1901 G.C. Corp.: DHCR Adm. Rev. Dckt. No. KI610029RO (10/1/97) [2-page document]