Tenant Didn't Provide Access for DHCR Inspection

Rent-stabilized tenant complained to the DHCR of a reduction in services based on defects in the sink faucets and a light fixture. The DRA ruled for tenant and reduced his rent. Landlord later filed an application to restore rent. Tenant disputed landlord's claim that services had been restored. The DRA ruled for landlord after tenant failed to provide access to the apartment for a DHCR inspection scheduled for Sept. 23, 2021, to review the conflicting claims by landlord and tenant. 

Tenant appealed and lost. Tenant claimed that he had contacted the DHCR to postpone the inspection date. But tenant called the DHCR on the scheduled inspection date. And the DHCR had notified tenant that failure to provide access or to call to reschedule the inspection could result in a determination against tenant's interests. The notice also advised tenant to notify the inspector no later than two business days in advance by calling the inspector at the number provided, and that inspections may be rescheduled only for good cause shown. The DRA properly determined that tenant failed to keep the appointment for the scheduled inspection and properly restored tenant's rent.

Chetrick: DHCR Adm. Rev. Docket No. KO110005RT (5/12/22)[3-pg. document]