Tenant Didn't Reschedule After Canceling DHCR Inspection

LVT Number: #31324

Rent-stabilized tenant complained of decreased services in her apartment. The DRA ruled against tenant, based on tenant's failure to provide access for a scheduled DHCR inspection after landlord disputed the claimed conditions. Tenant appealed and lost. She claimed that she couldn't provide access on Feb. 6, 2020, because she had a COVID-related medical emergency. DHCR Policy Statement 90-2 provided for DHCR inspection to confirm conditions when they're disputed. The DHCR inspection was originally scheduled for Jan. 30, 2020, and was rescheduled for Feb.

Rent-stabilized tenant complained of decreased services in her apartment. The DRA ruled against tenant, based on tenant's failure to provide access for a scheduled DHCR inspection after landlord disputed the claimed conditions. Tenant appealed and lost. She claimed that she couldn't provide access on Feb. 6, 2020, because she had a COVID-related medical emergency. DHCR Policy Statement 90-2 provided for DHCR inspection to confirm conditions when they're disputed. The DHCR inspection was originally scheduled for Jan. 30, 2020, and was rescheduled for Feb. 6 at tenant's request. Tenant's medical condition on Feb. 6 she later learned was COVID-19 symptoms. But tenant didn't make another request to reschedule the DHCR inspection. So, the DRA properly terminated her complaint.

Rotochia Atkins-Jones: DHCR Adm. Rev. Docket No. IU210008RT (1/28/21) [2-pg. doc.]

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