DHCR Relied on HPD Violations to Reduce Rents for Insufficient Heat

Tenants complained to the DHCR of insufficient heat at the building. The DRA ruled for tenants and reduced their rents based on outstanding HPD heat violations. Landlord appealed and lost. Landlord argued that the DRA incorrectly relied on the HPD violations. But there were three HPD heat violations in effect in April 2016 when tenants filed their complaint. By June 2016, those violations were still outstanding on HPD’s online database. Landlord presented no proof that these violations had been dismissed, so the DRA properly issued the rent reduction order.

354 West 56 Street Inc.: DHCR Adm. Rev. Docket No. ES430046RO (12/30/16) [3-pg. doc.]