Finding Based on DHCR Inspection

May 31, 1994

LVT Number: 8852

Rent-controlled tenants complained of reduced services. The DRA ruled for tenants and cut their rents. Landlord appealed. The DHCR ruled against landlord, and landlord appealed again. Landlord claimed that the DHCR's procedures were unfair. The court ruled against landlord, and landlord appealed again. The appeals court also ruled against landlord. The DHCR relied on its own inspection of the building to determine that services had been reduced. This was reasonable. It wasn't necessary to give landlord notice of the inspection or to hold a hearing to be fair to landlord.

Rent-controlled tenants complained of reduced services. The DRA ruled for tenants and cut their rents. Landlord appealed. The DHCR ruled against landlord, and landlord appealed again. Landlord claimed that the DHCR's procedures were unfair. The court ruled against landlord, and landlord appealed again. The appeals court also ruled against landlord. The DHCR relied on its own inspection of the building to determine that services had been reduced. This was reasonable. It wasn't necessary to give landlord notice of the inspection or to hold a hearing to be fair to landlord. It was enough that landlord was given reasonable notice of the complaint, an opportunity to answer, and the right to administrative appeal by filing a PAR.

Matter of Staviski: NYLJ, p. 34, col. 2 (5/13/94) (App. Div. 2 Dept.; Thompson, JP, Sullivan, Ritter, Friedmann, JJ)

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