Tenant Denied Access for Repairs

Tenant complained of a reduction in services due to water damage in several rooms in his apartment. Landlord responded, but said tenant wouldn't provide access for repairs. Landlord requested a "no access" inspection and showed copies of certified mail return receipts signed by tenant for landlord's access request letter. Inspection showed cracks and water stains, but no moisture, in various parts of the apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that DHCR's inspection should have been conducted as a no access inspection. Landlord and its painter were there and ready to do the work on that date, but tenant wouldn't allow them to do so. The DHCR ruled for landlord and revoked the rent reduction. Landlord got a rent restoration earlier in the year for the same conditions. In that case, the DRA found that tenant didn't cooperate with landlord's efforts to make repairs. Since tenant's complaint was a duplicate and tenant didn't provide access for repairs, the complaint should be dismissed.

Samson Management, LLC: DHCR Adm. Rev. Docket No. VC710014RO (8/24/07) [3-pg. doc.]