Rent Reduction Based in Part on Missing Carbon Monoxide Detector in Tenant's Apartment

Rent-stabilized tenant complained to the DHCR that required services had been reduced. The DRA ruled for tenant and reduced his rent, based on findings that landlord hadn't maintained required services. The DHCR's inspector found that: (1) there was no carbon monoxide detector found in the apartment; (2) painting and plastering were needed apartment-wide; (3) vermin control was needed apartment-wide; (4) plumbing repairs were needed in the kitchen sink, bathtub, and shower; (5) floor covering was needed in the bedroom and living room; and (6) there was a mold-like substance in the bathroom.

Landlord appealed and lost, arguing that tenant intentionally damaged items after they were repaired, failed to provide access for repairs, and then moved out of the unit. But landlord never asked the DRA for a "No Access" inspection while the case was pending before the DRA. If tenant failed to provide access in connection with his DHCR complaint, landlord should have submitted to the DRA copies of two letters sent to tenant via certified mail on eight days' notice demanding access. The DRA then could have ordered an inspector to come to the apartment with landlord prepared to make repairs. 

Salej: DHCR Adm. Rev. Docket No. LP610014RO (6/2/23)[3-pg. document]