Tenant Who Complained of Service Reduction Didn't Provide Access to Inspector

Rent-stabilized tenant complained in March 2022 of a reduction in services, claiming that there were vermin control issues in her apartment, as well as defects in the kitchen floor, bathroom, living room, and hall/foyer. Landlord failed to answer the complaint after the DRA sent notice with an opportunity to respond. Still, the DRA believed an inspection was needed to determine the facts, and mailed to both landlord and tenant a Notice of Inspection dated June 16, 2022, for an appointment at the apartment on June 30, 2022, between 9 a.m. and 1 p.m. The inspector reported that no one answered the door on the date and time of inspection and the DRA therefore dismissed tenant's complaint.

Tenant appealed and lost. Tenant claimed that either she or her roommate had been at the apartment every day during 2022. But the DHCR's inspector kept notes and took photos of the apartment and building entry doors at the time of inspection. The USPO hadn't returned the inspection notice that the DRA sent to tenant, and there was a presumption of receipt of properly addressed regular mail. DHCR Policy Statement 90-2 also stated that the DRA can rely on agency inspection when deciding a service reduction case. And RSC Section 2523.4 states that a service complaint by a tenant who fails to provide access at the time arranged by the DHCR for an inspection will be denied.

Novotny: DHCR Adm. Rev. Docket No. KS610011RT (9/16/22)[2-pg. document]