Tenant Can't Delay No-Access Inspection

The DRA ordered a rent cut for reduced services. Landlord applied to restore the rent, claiming that tenant had denied access for repairs. Tenant argued that even when he'd allowed access, landlord didn't do the repairs in a workmanlike fashion. The DRA scheduled a no-access inspection to ensure that landlord could get into the apartment and complete the work, with a DHCR inspector present to see that the work was done properly. The parties agreed to postpone the first no-access inspection. Tenant then asked to postpone the second scheduled inspection date. Landlord didn't agree to this delay since workmen were already scheduled to make the repairs. The DHCR inspector and landlord's workers tried to enter the apartment on the scheduled date, but tenant didn't provide access. The DRA restored the rent, and tenant appealed. Tenant argued that he should have gotten a second postponement of the no-access inspection. The DHCR ruled for landlord. Tenant had already benefitted from one postponement. Landlord was ready to complete the work, and the DHCR inspector was on-site. So, tenant's refusal to let landlord restore services was unreasonable.

Knight: DHCR Adm. Rev. Dckt. No. HI 110076-RT (5/4/94) [3-page document]