Tenant Denied Access for Painting

November 1, 2001

LVT Number: 15403

Tenant complained of a reduction in services based on landlord's failure to paint the apartment. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration, claiming that tenant wouldn't permit access for painting. The DHCR then ordered a no-access inspection. Tenant permitted access to the inspector on that date but wouldn't let landlord in to paint because he said the apartment wasn't ready. The DRA then granted landlord's rent restoration application because tenant refused access. Tenant appealed and lost.

Tenant complained of a reduction in services based on landlord's failure to paint the apartment. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration, claiming that tenant wouldn't permit access for painting. The DHCR then ordered a no-access inspection. Tenant permitted access to the inspector on that date but wouldn't let landlord in to paint because he said the apartment wasn't ready. The DRA then granted landlord's rent restoration application because tenant refused access. Tenant appealed and lost. Tenant got sufficient notice of the no-access inspection, at which landlord is required to appear and must be ready to make repairs.

Fantini: DHCR Admin. Rev. Dckt. No. PD120095RT (9/19/01) [2-pg. doc.]

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