Tenant Denied Access and Cancelled No-Access Inspection

Rent-stabilized tenant complained to the DHCR of a reduction in required services in her apartment. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration and argued that tenant was unreasonably denying access to make repairs and thereby preventing landlord from complying with the DRA's order to restore services. The DRA ruled for landlord and restored tenant's rent.

Tenant appealed and lost. Landlord submitted copies of two letters it sent to tenant in October 2020 seeking access for repairs. Tenant claimed that she didn't refuse access on the requested dates but had come in contact with someone diagnosed with COVID and asked landlord to reschedule. But the DRA had later scheduled a No-Access inspection, which was performed on Aug. 31, 2021, and further scheduled a follow-up inspection on Sept. 16, 2021, for the sole purpose of permitting repairs on the shower/tub stopper. Tenant canceled that inspection, stating that all defects had been repaired or restored by landlord. So all services were deemed restored, based on tenant's own statement, and the DRA properly restored tenant's rent. [Download PDF of decision here.]

Carney: DHCR Adm. Rev. Docket No. KM410026RT (5/12/22)[4-pg. document]