Improper Notice of DHCR Inspection

Tenant filed a fair market rent appeal, challenging the initial stabilized rent for his apartment. The rent charged was $2,200 per month. The DRA ruled against tenant based on comparable rents submitted by landlord, as well as proof of individual apartment improvements. The resulting fair market rent was $2,082. Since this rent was above $2,000, the apartment was deregulated and the $2,200 rent was legal. Tenant appealed, still challenging some of landlord's claimed 1/40th improvements. Tenant pointed out that his attorney had requested an inspection of the apartment at which they would be present. The DHCR ruled for tenant and reopened the case. The record showed that tenant's attorney wasn't notified of a scheduled inspection of the apartment. The case was sent back to the DRA to reschedule the inspection with proper notice to the attorney.

Spanos: DHCR Adm. Rev. Docket No. WA410021RT (9/29/08) [3-pg. doc.]