Tenant Denied Access for Inspection During Summer Months

LVT Number: 10178

Tenant complained of a reduction of services based on inadequate heat and hot water. The DRA ruled for tenant and reduced his rent. Landlord later applied to restore the rent, claiming that heat and hot water had been restored. The DRA sent an inspector in August 1989 to verify restoration of services. Tenant refused access, stating that he wanted the inspection in the winter months. The DRA restored tenant's rent based on landlord's statement and tenant's refusal of access.

Tenant complained of a reduction of services based on inadequate heat and hot water. The DRA ruled for tenant and reduced his rent. Landlord later applied to restore the rent, claiming that heat and hot water had been restored. The DRA sent an inspector in August 1989 to verify restoration of services. Tenant refused access, stating that he wanted the inspection in the winter months. The DRA restored tenant's rent based on landlord's statement and tenant's refusal of access. Tenant appealed, stating that he'd contacted the inspector in advance and asked for postponement given the fact that heat was an issue and that it obviously wasn't provided during the summer. The DHCR ruled against tenant. The inspector advised tenant that the inspection couldn't be delayed too long. And the inspector could have checked the hot water in the summer.

Silberman: DHCR Adm. Rev. Dckt. No. DJ 110113-RT (7/21/95) [2-page document]

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