Second Inspection Improper

LVT Number: 8397

Tenants complained of reduced building-wide services. They claimed there was inadequate hot water. An inspection showed adequate hot water in a number of apartments. The inspector couldn't get access to other apartments. During a second inspection, the inspector gained access to more apartments and found inadequate hot water in some of the same apartments where the water temperature was previously found to be okay. The DRA cut tenants' rents based on the second inspection. Landlord appealed, challenging the use of the second inspection for the DRA's ruling. The DHCR ruled for landlord.

Tenants complained of reduced building-wide services. They claimed there was inadequate hot water. An inspection showed adequate hot water in a number of apartments. The inspector couldn't get access to other apartments. During a second inspection, the inspector gained access to more apartments and found inadequate hot water in some of the same apartments where the water temperature was previously found to be okay. The DRA cut tenants' rents based on the second inspection. Landlord appealed, challenging the use of the second inspection for the DRA's ruling. The DHCR ruled for landlord. Generally, one inspection is done. A follow-up inspection is allowed when there was no access the first time, or when the first inspection was done so long before the order was about to be made that it was irrelevant. That wasn't the case here. Apartments already inspected shouldn't have been reinspected. The DHCR revoked the rent cuts for apartments in which hot water was found adequate on the first inspection.

Chang: DHCR Adm. Rev. Dckt. No. CC 210358-RO (10/7/03) [3-page document]

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