Tenant Didn't Keep Appointment for DHCR No-Access Inspection

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. The DRA later granted landlord's application to restore rent. Tenant appealed and lost. Tenant claimed that the bathroom ceiling condition still existed. But the DHCR had scheduled a "no-access" inspection on Jan. 11, 2017. Tenant failed to keep the scheduled appointment while the DHCR inspector, the building manager, and the super were present with tools and materials ready to make repairs. Tenant telephoned the DHCR inspector to cancel the inspection because she would be at work, but the inspector informed her that a no-access inspection can't be canceled. Unlike regular inspections, no-access inspections involve multiple parties and often require extensive preparation on behalf of the owner and its employees or contractors. Rescheduling imposes burdens on parties other than the tenant. Tenant therefore must make the utmost effort to ensure that access for the repairs is provided on the date of the inspection, and could have anyone of suitable age available at the apartment to provide access. The DRA properly accepted the results of the no-access inspection and restored tenant's rent. 

Deadwyler: DHCR Adm. Rev. Docket No. FN210005RT (2/8/18) [2-pg. doc.]