Tenant Not Home for No-Access Inspection

Rent-controlled tenant complained of a reduction in services based on defective windows. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration. Landlord claimed that tenant didn't provide access for repairs on at least two occasions. The DRA scheduled a no-access inspection. Landlord appeared for the inspection and was prepared to make the window repairs. Tenant wasn't home. The DRA ruled for landlord. Tenant appealed, claiming that landlord didn't raise the no-access claim on time. The DHCR ruled against tenant. Tenant mistakenly cited rent stabilization rules about how long landlord had to respond to tenant's original complaint. This rule didn't apply to rent restoration. And tenant didn't deny that he failed to provide access or that he wasn't home for the no-access inspection.

Brewer: DHCR Adm. Rev. Dckt. No. RJ420027RT (4/22/04) [3-pg. doc.]