Plumbing Problem Corrected

Tenant complained of a reduction in services due to plumbing problems. The DRA ruled for tenant and reduced his rent based on an inspector's finding of inadequate plumbing causing temperature fluctuations. Landlord later applied to restore the rent based on a restoration of services. The DRA ruled against landlord based on its inspector's finding that tenant's hot water still fluctuated too much. Landlord appealed, arguing that there had been no hot water complaint. The DHCR ruled for landlord, in part. The inspection reported that the water temperature gradually increased from 100 degrees to 117 degrees. This was a natural increase in temperature that occurred as the hot water ran, so it didn't constitute a reduction in services. There should be no rent reduction on this basis. But the inspector also found that the plumbing drain stopper hadn't been repaired and was still not holding water. So a rent reduction remained in effect for this condition.

Mayflower Development Corp.: DHCR Adm. Rev. Dckt. No. LE420136RO (1/29/98) [2-page document]