Tenant Refused Access to Landlord During DHCR Inspection

Tenant complained of a reduction in services. The DRA ruled against tenant based on tenant's refusal to allow landlord to be present during the DHCR inspection. Tenant appealed, claiming that landlord showed up 25 minutes after the inspection started, and that no one had told her that landlord would take part in the inspection. The DHCR ruled against tenant. Rent Stabilization Code Section 2523.4(d)(1) requires the DHCR to notify both tenant and landlord of an inspection and gives landlord the right to be present. The inspector also explained this to tenant and advised her that if she refused access to landlord, he must stop the inspection.

Redmond: DHCR Adm. Rev. Dckt. No. SG210021RT (11/18/04) [3-pg. doc.]