Tenant Denied Access for Repairs

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on the restoration of services. Landlord claimed that all repairs were done except for the repair of a leak-damaged bedroom wall. Landlord claimed that tenant wouldn't allow access to complete this repair. The DRA ruled for landlord. Tenant appealed and lost. The DRA had notified landlord and tenant in March 2006 that it was believed that the leak originated from an exterior wall, that landlord should repair the crack in the exterior wall, adjust the angle of an air conditioner that was dripping water down the wall, and repair any interior walls as needed. The DRA scheduled a no-access inspection for later that month. Landlord's three contractors and building super appeared at the inspection ready to work. The exterior repairs and air conditioner adjustment had been done. Tenant refused to allow landlord's workers to complete the repairs and accused the inspector of "being on the take for management." Pursuant to Policy Statement 90-2, the DRA restored tenant's rent based on tenant's refusal to provide access at the inspection.

Placek: DHCR Adm. Rev. Docket No. UE110011RT (10/5/06) [5-pg. doc.]