DHCR Relies on HPD Violation Report to Find Inadequate Heat and Hot Water

Rent-stabilized tenant complained to the DHCR of inadequate heat and hot water in his apartment. The DRA ruled for tenant and reduced his rent, based on an HPD violation report. Landlord appealed and lost. Due to a fire in one of the building's commercial spaces in December 2018, Con Edison turned off the building's gas service. Landlord said it gave tenant a prorated rent for some period until service was restored. Landlord also claimed there was no HPD violation concerning heat in tenant's apartment. But HPD had attempted inspection of tenant's apartment and, although unable to access that unit, had based a violation for inadequate heat and hot water for the building on an inspection of neighboring tenant's apartment. The DRA properly relied on this violation report to reduce tenant's rent.

Notaro: DHCR Adm. Rev. Docket No. HN4310015RO (2/13/20) [2-pg. doc.]