Second Inspection Improperly Ordered

Tenant complained of a reduction in services. He claimed that roof-ventilation fans weren't working and that this caused inadequate bathroom ventilation in his apartment. The DRA ruled for tenant, and landlord appealed, pointing out that the DRA had conducted two inspections. The first inspection found that the roof fans were ''operative.'' The second inspection found that they weren't working. Landlord argued that DRA improperly conducted the second inspection and that those results shouldn't have been used to decide the case. The DHCR ruled for landlord and revoked the rent reduction. Under DHCR policy, the agency should have decided tenant's complaint based on the first inspection. No second inspection should have been ordered.

3555 Baimbridge Assocs.: DHCR Adm. Rev. Dckt. No. LK630022RP (3/10/98) [3-page document]