No Notice Needed When Inspecting Building-Wide Service Complaint

LVT Number: #23237

Tenant complained of a reduction in building-wide services. Tenant claimed that on windy days there was no access to the main building entrance door. On those days, only the service entrance, which had no security guard, could be used. The DRA dismissed tenant's complaint after an inspection. Tenant appealed and lost. Tenant argued that he received no notice of any DHCR inspection, and that inspection should be done on a windy day when the door slams shut. DHCR inspections in response to complaints involving building common areas don't require prior notice to landlord or tenants.

Tenant complained of a reduction in building-wide services. Tenant claimed that on windy days there was no access to the main building entrance door. On those days, only the service entrance, which had no security guard, could be used. The DRA dismissed tenant's complaint after an inspection. Tenant appealed and lost. Tenant argued that he received no notice of any DHCR inspection, and that inspection should be done on a windy day when the door slams shut. DHCR inspections in response to complaints involving building common areas don't require prior notice to landlord or tenants. The DHCR's inspector came to the building on a day that wasn't windy, and found that the building entrance door was a self-closing door with no locking mechanism. The door opened and closed properly at the time of inspection. The inner vestibule door also opened and closed properly and had a locking mechanism that activated from the front lobby desk.

733 Amsterdam Avenue: DHCR Adm. Rev. Docket No. YG410001RT (11/5/10) [3-pg. doc.]

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