Landlord Proved Quick Hot Water Service Restoration

LVT Number: #32172

Rent-stabilized tenant complained to the DHCR on Feb. 25, 2022, of a reduction in services based on a lack of hot water. The DRA ruled for tenant and reduced his rent. Landlord appealed and won. Landlord showed that National Grid shut off gas service to the building on Feb. 22, 2022, due to a gas leak. Gas service was restored two days later, on Feb. 24, 2022. HPD issued a violation notice to landlord on Feb. 23, 2022, for lack of hot water. But landlord had submitted certification of service restoration to HPD on Feb. 25, 2022.

Rent-stabilized tenant complained to the DHCR on Feb. 25, 2022, of a reduction in services based on a lack of hot water. The DRA ruled for tenant and reduced his rent. Landlord appealed and won. Landlord showed that National Grid shut off gas service to the building on Feb. 22, 2022, due to a gas leak. Gas service was restored two days later, on Feb. 24, 2022. HPD issued a violation notice to landlord on Feb. 23, 2022, for lack of hot water. But landlord had submitted certification of service restoration to HPD on Feb. 25, 2022. Tenant also later withdrew a complaint to HPD on this basis, and HPD had made no specific finding of no hot water for tenant's apartment. Tenant also had submitted a letter to the DHCR on April 11, 2022, withdrawing her complaint. This letter was submitted prior to the issuance of the DRA's order on April 22, 2022. 

J. Diamond, LLC: DHCR Adm. Rev. Docket No. KQ210013RO (7/15/22)[3-pg. document]

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