Landlord Didn't Prove Hot-Water Violation Corrected

Tenant complained of a reduction in services based on inadequate hot water. The DRA ruled for tenant, and landlord appealed. Landlord claimed, for the first time, that tenant didn't provide access for repairs. Landlord claimed also that it had installed a new boiler. The DHCR ruled against landlord. With her complaint, tenant submitted a copy of an HPD building violation for inadequate hot water. Landlord didn't show that the violation had been cleared, and landlord couldn't claim no access by tenant for the first time on appeal.

Bartucz: DHCR Admin. Rev. Dckt. No. PK410023RO (1/9/02) [3-pg. doc.]