Landlord Unable to Make Repairs Due to Tenant's Clutter

LVT Number: 18650

Tenant complained of a reduction in services. The DRA ruled against tenant based on a ''no access'' inspection. Tenant appealed, claiming an improper inspection. The DHCR ruled against tenant. The DHCR's inspector, landlord, and landlord's plumber and plasterer all arrived on the inspection date. The inspector found that tenant's one-room apartment was so cluttered with tenant's personal belongings that repairs couldn't begin. So landlord didn't have access to make repairs, based on tenant's failure to properly prepare the apartment.

Tenant complained of a reduction in services. The DRA ruled against tenant based on a ''no access'' inspection. Tenant appealed, claiming an improper inspection. The DHCR ruled against tenant. The DHCR's inspector, landlord, and landlord's plumber and plasterer all arrived on the inspection date. The inspector found that tenant's one-room apartment was so cluttered with tenant's personal belongings that repairs couldn't begin. So landlord didn't have access to make repairs, based on tenant's failure to properly prepare the apartment.

Somesfalean: DHCR Adm. Rev. Dckt. No. TH410038RT (12/29/05) [2-pg. doc.]

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