DHCR Needn't Give Landlord Notice of Inspection

LVT Number: 16797

Tenant complained of a reduction in building-wide services. The DRA ruled for tenant and reduced his rent after an inspection showed defective doors in various locations and defective paving in the entrance area outside the building. Landlord appealed, claiming that the rent reduction should be revoked because it wasn't given notice of the DHCR inspection. The DHCR ruled against landlord. The Rent Stabilization Code provides that if notice of an inspection is given, it must be given to both tenant and landlord.

Tenant complained of a reduction in building-wide services. The DRA ruled for tenant and reduced his rent after an inspection showed defective doors in various locations and defective paving in the entrance area outside the building. Landlord appealed, claiming that the rent reduction should be revoked because it wasn't given notice of the DHCR inspection. The DHCR ruled against landlord. The Rent Stabilization Code provides that if notice of an inspection is given, it must be given to both tenant and landlord. But the DHCR doesn't send notices of inspection to tenants regarding complaints about building- wide services. So no notice to landlord was required.

Samson Mgmt.: DHCR Adm. Rev. Dckt. No. RD310061RO (8/8/03) [2-pg. doc.]

Downloads

RD310061RO.pdf171.96 KB