Complaint Filed After Heat and Hot Water Restored

August 31, 2008

LVT Number: #20668

Tenant complained that landlord failed to provide heat and hot water between Dec. 26, 2007, and Jan. 11, 2008. The DRA ruled against tenant because tenant admitted in his complaint that the service had been restored. Tenant appealed. He argued that he should be compensated for the increase in his electric bill during the period he had no heat or hot water. The DHCR ruled against tenant. Rent Stabilization Code Section 2523.4 authorizes the DHCR to order a restoration of services and to reduce tenant's rent if services aren't being maintained.

Tenant complained that landlord failed to provide heat and hot water between Dec. 26, 2007, and Jan. 11, 2008. The DRA ruled against tenant because tenant admitted in his complaint that the service had been restored. Tenant appealed. He argued that he should be compensated for the increase in his electric bill during the period he had no heat or hot water. The DHCR ruled against tenant. Rent Stabilization Code Section 2523.4 authorizes the DHCR to order a restoration of services and to reduce tenant's rent if services aren't being maintained. Under DHCR Policy Statement 90-2, if landlord restores services prior to DHCR inspection, generally no rent reduction is ordered.

Dangler: DHCR Adm. Rev. Docket No. WD410026RT (7/3/08) [2-pg. doc.]

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