DHCR Improperly Relied on HPD Online Records

Rent-stabilized tenant complained of inadequate hot water. The DRO ruled for tenant and reduced her rent based on an HPD violation on record. Landlord appealed and won. Landlord claimed that it had restored tenant’s hot water service before the DRO issued its order and that the DRO ignored landlord’s proof. The DHCR agreed. Tenant’s DHCR complaint was filed on May 6, 2015. Landlord answered on May 15, 2015. As of May 28, 2015, HPD online records showed only two hot water violations at the building involving other apartments, and no outstanding violations for the entire building. The rent reduction order was revoked.

Mann: DHCR Adm. Rev. Docket No. DR110029RO (3/31/16) [2-pg. doc.]