No Proof Tenant Refused Access for Repairs

Tenant complained of a reduction in services based on a number of apartment conditions. The DRA ruled for tenant and reduced his rent. Inspection found that there was water damage in the kitchen ceiling, unworkmanlike repairs on the bedroom ceiling, water damage and peeling paint in the living room above one window, and a leak and water damage in the hall ceiling next to the bathroom. Landlord appealed, claiming that when he, his property manager, and another worker went to the apartment, tenant would let him in, but his workers couldn't paint and repair the apartment because there was so much clutter that it was a health and fire hazard. He said he advised tenant by certified mail that he couldn't complete work until tenant cleaned up the apartment. The DHCR ruled against landlord. There was no proof that tenant refused access. Landlord didn't show that he had sent tenant notice requesting access by certified mail, return receipt requested, and by regular mail. Landlord raised the issue of the clutter in tenant's apartment for the first time on appeal, so the DHCR couldn't consider it.

LaBarbera: DHCR Adm. Rev. Docket No. VJ710061RO (2/27/08) [2-pg. doc.]