No Inspection Notice Required

Tenant complained of a reduction in building-wide services based on inadequate janitorial service. He said that the floors in the building entrance, lobby, hall, and staircase hadn't been cleaned for at least a year. After inspection, the DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that it should have been notified of the DRA's inspection before it took place. In another case, an appeals court had ruled that notice was required. The DHCR ruled against landlord. Landlord received notice from the DRA of tenant's complaint, which advised landlord of the claimed conditions. The DHCR's inspector visited the building within six weeks, and no notice was required. In the other case, the complaint had been pending for more than three years and a second inspection was ordered after landlord believed some conditions were resolved.

250 Harrison Avenue: DHCR Adm Rev. Docket No. WL710012RO (4/27/09) [3-pg. doc.]