Tenant Denied Access to Landlord During DHCR Inspection

Decision submitted by Jeffrey Turkel of the Manhattan law firm of Rosenberg & Estis, PC, attorneys for the landlord.) Tenant complained of a reduction in services based on a nonworking air conditioner. The DRA advised tenant and landlord of an inspection date. Tenant permitted the inspector into the apartment to conduct the inspection on the scheduled date but denied access to landlord. The DRA ruled for tenant, reducing his rent based on a finding that the air conditioner didn't work. Landlord appealed, claiming that the tenant improperly denied him access at the inspection and that the air conditioner previously had been working. The DHCR ruled against landlord, finding that the Rent Stabilization Code required only that landlord get notice of the inspection date but didn't require tenant to give landlord access to the apartment during the inspection. Landlord requested reconsideration. The DHCR ruled for landlord and reopened the case. The prior ruling incorrectly found that the right to notice of inspection under the Rent Stabilization Code didn't include the right to be present at the inspection. The case was sent back for an investigation of tenant's refusal to allow landlord to be present during the DHCR's inspection.

Roc-Jane St., LLC: DHCR Admin. Rev. Dckt. No. PH410068RO (6/21/02) [3-pg. doc.]