HPD Heat Violations Too Old to Be Reliable

Tenant complained that heat and hot water in his apartment were inadequate. The DRA ruled for tenant and reduced his rent. Landlord appealed. The DRA's decision was based on HPD violations that were more than four years old. Landlord argued that the DRA should have relied on recent inspection reports or conducted its own inspection. The DHCR ruled for landlord and revoked the rent reduction. Tenant had filed his complaint in 2004. The HPD violations tenant relied on were issued in 1999. Since then, landlord and tenant had been involved in a court proceeding. In that case, there was a finding that the heating problem cited in the HPD violations no longer existed. In addition, there were no recent heat violations from HPD and no indication that HPD sought further penalties from landlord for continued problems with heat.

80 Varick Street Group L.P.: DHCR Adm. Rev. Docket No. SJ410050RO (10/4/07) [3-pg. doc.]