Tenant Refused Access for Wall Repairs Based on Lead-Paint Concern

Rent-stabilized tenant complained of a reduction in services based on conditions in her apartment. The DRA ruled against tenant based on her refusal to give access for repairs. Tenant appealed and lost. When the DHCR's inspector and landlord appeared at tenant's apartment for a no-access inspection, tenant allowed inspector in but stated that work that involved opening apartment walls couldn't be performed because her 5-year-old child had lead poisoning and couldn't be exposed to any lead paint that might be there. Tenant also argued that no other apartment was offered for temporary lodging during construction. The DHCR found that tenant failed to give access and that her complaint was properly dismissed. Any questions about whether landlord was required to relocate her while repairs were made must be addressed either to HPD or a court.

Lewis: DHCR Adm. Rev. Docket No AQ410005RT (5/22/13) [2-pg. doc.]