Tenant Fails to Admit DHCR Inspector for No-Access Inspection

Rent-stabilized tenant complained of a reduction in required services. The DRA ruled for tenant and reduced her rent. Landlord later filed an application to restore rent based on restoration of services. The DRA ruled for landlord based on tenant's failure to provide access to a DHCR inspector pursuant to a "No Access" inspection scheduled for April 25, 2024.

Tenant appealed and lost. Tenant claimed that she didn't receive the inspection notice, that she was home on the inspection date, that no inspector came to her apartment, and that repairs remained uncompleted. DHCR Policy Statement 90-2 provides that, in deciding a rent restoration application, the DRA may rely on an inspection, may grant the application if a tenant refuses access arranged by the DHCR or if a tenant failed to provide reasonable access and such access was needed to make the repair. Here, landlord had shown the DRA that tenant wasn't responding to requests for access to complete repairs. DHCR procedure required, and the DRA sent, a "No Access" inspection request. The DHCR's inspector appeared at tenant's apartment, took photographs of the apartment door, and called tenant's phone number while there. The notice that the DRA mailed to tenant wasn't returned and was presumed to have been delivered by the U.S. Postal Service. Tenant's rent was properly restored.

Hodge: DHCR Adm. Rev. Docket No. MS210021RT (8/30/24)[3-pg. document]