Tenant Denied Access to DHCR Inspector

The DRA reduced tenant's rent based on a reduction in required services. Landlord applied for a rent restoration, stating that services had been restored. Tenant claimed repairs hadn't been made. The DRA sent an inspection notice to tenant. Tenant wasn't there on the specified date, and the inspector left a new notice that he'd return the next day. Again, the inspector couldn't gain access. The DRA ruled for landlord and restored tenant's rent. Tenant appealed, claiming he'd never gotten the DRA's initial notice. The DHCR ruled against tenant. The first notice was mailed to tenant a week before the scheduled inspection date. Even if tenant didn't get that notice, the second notice was placed under his apartment door. The DRA properly ruled for landlord after the inspector had made two unsuccessful attempts to visit tenant's apartment.

Rojas: DHCR Adm. Rev. Dckt. No. DE 110459-RT (3/23/94) [2-page document]