Landlord Didn't Follow Proper Procedure for No-Access Inspection

LVT Number: 10061

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that some work was done and that tenant later didn't provide access for repairs and extermination. Landlord argued that it had requested a no-access inspection. The DHCR ruled against landlord. Landlord was given access to the apartment on various dates after Oct. 10, 1990. Landlord made another no-access inspection request in April 1991, three days after the DRA's order was issued.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that some work was done and that tenant later didn't provide access for repairs and extermination. Landlord argued that it had requested a no-access inspection. The DHCR ruled against landlord. Landlord was given access to the apartment on various dates after Oct. 10, 1990. Landlord made another no-access inspection request in April 1991, three days after the DRA's order was issued. To obtain a no-access inspection, landlord must first notify tenant by certified mail that access to the apartment was required. The only certified letter sent to tenant was one dated Nov. 6, 1990, and this letter didn't contain a request for access. It merely listed the repairs already completed.

Cathedral Arms Associates: DHCR Adm. Rev. Dckt. No. FD 210361 RO (6/29/95) [2-page document]

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