Landlord Not Entitled to Inspection Report

Tenant complained of a reduction in services. The DHCR ruled for tenant and reduced his rent. Landlord appealed. Landlord had partially restored services in response to tenant's DHCR complaint, and claimed it should have gotten a copy of the DHCR's inspection report and a second chance to repair the remaining conditions before the DRA issued its rent reduction order. The court and appeals court ruled against landlord. Landlord couldn't get the inspection report before the DRA's decision. In addition, landlord's claim that the DHCR didn't investigate whether tenant may have caused one of the apartment conditions wasn't raised before the DRA and so couldn't be raised for the first time in landlord's PAR.

Notre Dame Leasing v. DHCR: NYLJ, p. 34, col. 1 (6/30/98) (App. Div. 2 Dept.; Copertino, PJ, Thompson, Sullivan, Friedmann, JJ)