Landlord Wasn't Ready to Replace Tiles at Access Inspection

Rent-stabilized tenant complained of a reduction in services based on defective floor tiles. The DRA ruled for tenant and reduced his rent. Landlord later sought rent restoration based on the restoration of services. The DRA ruled against landlord, who appealed and lost. The DHCR had ordered an access inspection for Dec. 26, 2013. The inspector reported that landlord, his building manager, and the super all were present but didn't have any materials to make repairs. Landlord claimed that they couldn't have known what color replacement tiles were needed before the inspection. The DHCR didn't find landlord's claim credible. The rent reduction order had been issued in 1990, and landlord was on notice of the issues raised in tenant's complaint. The DHCR's access inspection notice also stated that failure of the owner and/or his repair people to be present and ready to attend to repairs and restore services would result in a ruling based solely on evidence presently before the DHCR.

Weinberger: DHCR Adm. Rev. Docket No. CM210014RO (1/16/15) [2-pg. doc.]