Landlord Corrected Problem Before Tenant Filed Complaint

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of inadequate hot water. The DRA ruled for tenant and reduced his rent. Landlord appealed. Landlord stated, and tenant confirmed, that the hot-water problem had been corrected by the time tenant filed his complaint. And it lasted only a total of four days. Landlord also had advised tenant that there would be no hot water for four days due to the replacement of the heating system. Since landlord had corrected the problem before getting notice of tenant's DHCR complaint and within two days of getting an HPD violation, the DRA shouldn't have reduced tenant's rent.

Ville de Port, Inc.: DHCR Adm. Rev. Dckt. No. RA210042RO (9/12/03) [3-pg. doc.]