Two-Year Delay Invalidates Inspection

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) In October 1992 rent-stabilized tenant complained of a reduction in services. Landlord advised the DRA during 1992 of various repairs it made. In March 1995 the DRA inspected tenant's apartment. On the basis of that inspection, the DRA ruled for tenant and found a reduction in services. Tenant's rent was reduced. The DHCR denied landlord's PAR, and landlord appealed. The court ruled for landlord, finding the DHCR's ruling arbitrary and capricious. While it was unclear whether tenant was confirming the completion of repairs made by landlord by signing work order slips in 1992, the DHCR's inspection two and one-half years after the filing of tenant's complaint can't be given much weight. Such excessive delay calls into question whether the defects found at the time of inspection were related to those cited two and one-half years earlier or were new ones requiring notice to landlord. The case was sent back to the DHCR to determine whether the repairs were completed by landlord at the time it claimed to have done so in late 1992.

Oxford Leasing Co. v. DHCR: Index No. 40954/95 (4/25/96) (Sup. Ct. Kings; Barasch, J) [5-page document]