DHCR Relies on HPD Violation as Proof of Inadequate Heat

Rent-stabilized tenant complained that landlord didn't maintain heat in her apartment. Landlord claimed that it made many efforts to cure the problem, but always was thwarted by tenant. Landlord said that tenant denied access to its inspector and maintenance staff on a number of dates. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Tenant's complaint included evidence of a violation issued by HPD on Dec. 15, 2009, for inadequate heat. And landlord didn't raise claims about non-access until it filed a PAR. It was too late to consider them.

1515-1517 St. Johns Place LP: DHCR Adm. Rev. Docket No. YC210001RO (7/29/10) [2-pg. doc.]