Inadequate Heat for One and One-Half Months

May 31, 2004

LVT Number: 17342

Tenant complained of a reduction in services based on lack of adequate heat. The DRA ruled for tenant and reduced his rent based on landlord's failure to supply heat for one and one-half months. The DHCR denied landlord's PAR, and landlord appealed. Landlord claimed that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. HPD had issued a violation based on an inspection of tenant's apartment that proved there was inadequate heat in tenant's apartment.

Tenant complained of a reduction in services based on lack of adequate heat. The DRA ruled for tenant and reduced his rent based on landlord's failure to supply heat for one and one-half months. The DHCR denied landlord's PAR, and landlord appealed. Landlord claimed that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. HPD had issued a violation based on an inspection of tenant's apartment that proved there was inadequate heat in tenant's apartment. Landlord later submitted proof that the condition had been fixed but submitted the proof after the DRA order was issued.

301 W. 111th Owners LLC v. DHCR: NYLJ, 5/10/04, p. 26, col. 6 (App. Div. 1 Dept.; Tom, JP, Saxe, Lerner, Marlow, Gonzalez, JJ)

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