Landlord Didn't Arrange for 'No Access' DHCR Inspection

LVT Number: 8346

Tenant complained of a reduction in services. An inspection showed peeling paint and plaster on bathroom walls and ceilings, and two nonworking electrical outlets in tenant's kitchen. The DRA ruled for landlord and reduced tenant's rent. Landlord appealed, claiming that tenant refused access on two separate occasions. Landlord submitted copies of certified letters mailed to tenant. The DHCR ruled against landlord. Landlord didn't follow DHCR procedures. If tenant doesn't give access, landlord must send two letters to tenant attempting to arrange access dates.

Tenant complained of a reduction in services. An inspection showed peeling paint and plaster on bathroom walls and ceilings, and two nonworking electrical outlets in tenant's kitchen. The DRA ruled for landlord and reduced tenant's rent. Landlord appealed, claiming that tenant refused access on two separate occasions. Landlord submitted copies of certified letters mailed to tenant. The DHCR ruled against landlord. Landlord didn't follow DHCR procedures. If tenant doesn't give access, landlord must send two letters to tenant attempting to arrange access dates. Both letters must be sent at least eight days before the proposed date, and the second letter must be sent by certified mail, return receipt requested. If tenant doesn't respond, landlord must then request a ``no-access'' inspection from the DHCR. Landlord also must send the DHCR copies of its letters to tenant and the return receipt.

The 400 East 58th Street Co.: DHCR Adm. Rev. Dckt. No. GC410042-RO (9/15/93) [2-page document]

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