No Proof of Heat or Hot Water Violation in Tenant's Apartment

Rent-stabilized tenant complained to the DHCR that her apartment had inadequate heat and/or hot water. The DRA ruled against tenant after finding that there was no active HPD violation of inadequate heat service at the apartment. Tenant appealed and lost. For the first time on appeal, tenant submitted a March 2018 letter to her from HPD, stating that HPD placed a violation for inadequate heat and/or hot water and had started a lawsuit against the building owner. This letter didn't state what apartment number that HPD might have been referring to. The DHCR noted that it wouldn't consider proof submitted for the first time on appeal. Landlord also pointed out that the letter submitted by tenant referred to a different apartment in the building and that the violation and lawsuit referred to had been resolved.

Madison: DHCR Adm. Rev. Docket No. GP410078RT (3/4/19) [2-pg. doc.]