DHCR Inspection Found Peeling Paint and Rotted Door Frames

April 30, 2009

LVT Number: #21214

Rent-stabilized tenant complained of a reduction in services, based on peeling paint and plaster, and rotted door frames. The DRA ruled for tenant and reduced his rent. Landlord appealed and claimed that tenant didn't provide access to landlord to complete the repairs and paint the apartment. The DHCR ruled against landlord. To claim no access, landlord should have submitted to the DRA copies of two letters written to tenant attempting to arrange access. Each such letter must be sent by certified mail, return receipt requested, at least eight days before the proposed access date.

Rent-stabilized tenant complained of a reduction in services, based on peeling paint and plaster, and rotted door frames. The DRA ruled for tenant and reduced his rent. Landlord appealed and claimed that tenant didn't provide access to landlord to complete the repairs and paint the apartment. The DHCR ruled against landlord. To claim no access, landlord should have submitted to the DRA copies of two letters written to tenant attempting to arrange access. Each such letter must be sent by certified mail, return receipt requested, at least eight days before the proposed access date. Landlord submitted no documentation that it sought access. At the same time, DHCR's inspector confirmed the conditions, finding peeling paint and plaster apartment wide, and a number of rotted door frames.

Casamento: DHCR Adm. Rev. Docket No. WK110027RO (3/27/09) [2-pg. doc.]

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