Tenant Refused Access to Landlord at DHCR Inspection

Tenant complained of a reduction in services based on a hole in tenant's bathroom wall that had been repaired in an unworkmanlike manner. The DRA ruled for tenant. Landlord appealed, arguing that the DRA shouldn't have ruled for tenant because tenant wouldn't permit landlord access to the apartment during the DRA's inspection. The DHCR ruled for landlord. Rent Stabilization Code Section 2523.4(d)(1) states that if notice of a DHCR inspection is sent to tenant, it must also be sent to landlord. And, under the code, landlord not only has the right to notice but also to be present inside the apartment while the inspection is conducted. The inspector's report confirmed that tenant wouldn't allow landlord to enter the apartment. Usually, in these circumstances, the DHCR would order a second inspection. But landlord's rent restoration application had already been granted. So the DHCR simply revoked the DRA's rent reduction order.

Samson Mgmt.: DHCR Adm. Rev. Dckt. No. QH410027RO (2/13/04) [2-pg. doc.]