Landlord Didn't Provide Access to the Building

Facts:The DHCR cut tenant's rent, based on reduced services. Landlord applied to restore the rent, claiming that he'd restored the services. But when a DHCR inspector went to the building to verify landlord's claim, he couldn't get in. The inspector set up a date for another inspection, but couldn't get into the building on that date either. So, the DHCR denied landlord's application to restore the rent. Landlord appealed, arguing that he'd been available on the date of the second inspection. The court ruled for landlord, and ordered the DHCR to reconsider the application after inspecting the building. The DHCR appealed. Court:Landlord loses. The DHCR had twice tried to get access to the building for an inspection. On the second date, landlord had been given written notice of the inspection. Also, tenants had stated that services hadn't been restored, and landlord offered no proof that repairs had been made. So, the DHCR properly denied landlord's application to restore the rent.

Sherman v. DHCR: NYLJ, p. 27, col. 3 (1/4/95) (App. Div. 2 Dept.; Rosenblatt, JP, Miller, Santucci, Florio, JJ)