Inspection Needn't Be on Cold Day

Tenant complained of a reduction in services based on inadequate heat. The DRA ruled against tenant after an inspection showed that conditions had been corrected. Tenant appealed. Tenant said it was unfair for the DRA to schedule the heat inspection on a warm day. The DHCR ruled against tenant. On the date of the inspection, the outside temperature was 34 degrees Fahrenheit, and the inside temperature was 76 to 78 degrees Fahrenheit. The inspection was conducted during the day. At the time of the inspection, landlord was in compliance with NYC law requiring that between the hours of 6 AM and 10 PM, heat must register at least 68 degrees when the outside temperature falls below 55 degrees.

Edmiston: DHCR Adm. Rev. Dckt. No. UA610008RT (4/27/06) [2-pg. doc.]