Tenant Refused Access to Painting Contractor

LVT Number: 12334

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Rent-stabilized tenant complained of a reduction in services. He claimed there was blistering paint in one room. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant allowed his painting contractor into the apartment once to start repairs, but then refused further access to complete the repairs. Landlord submitted copies of letters to tenant concerning its attempts to gain access and tenant's refusal to provide it.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Rent-stabilized tenant complained of a reduction in services. He claimed there was blistering paint in one room. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant allowed his painting contractor into the apartment once to start repairs, but then refused further access to complete the repairs. Landlord submitted copies of letters to tenant concerning its attempts to gain access and tenant's refusal to provide it. Landlord also submitted a letter submitted by tenant in response to landlord's application to restore the rent, in which tenant acknowledged that she ''prevented'' landlord's painters from painting the apartment. The DHCR ruled for landlord in light of tenant's admission that she'd refused access.

Melohn Foundation: DHCR Adm. Rev. Dckt. No. LD410077RO (1/8/98) [2-page document]

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