Tenant Denied Access for Inspection

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services in her apartment. The DRA ruled against tenant and dismissed her complaint because tenant didn't provide access for a DHCR inspection. Tenant appealed, claiming that the inspection was scheduled for July 5, 2005, and that she was there to provide access. The DHCR ruled against tenant. The DHCR records showed that the DRA sent tenant a notice requesting an inspection on June 29, 2005. The notice was mailed to tenant at the correct address and wasn't returned by the post office. There was no inspection scheduled for July 5, 2005. The DRA properly dismissed tenant's complaint based on failure to provide access.

Monfort: DHCR Adm. Rev. Dckt. No. TH410040RT (12/14/05) [2-pg. doc.]