Rent Reduced Due to Heat and Hot Water Violation Despite Alternative Service

Rent-stabilized tenant complained to the DHCR that he didn't have heat or hot water in his apartment. Tenant submitted a copy of an outstanding heat and hot water violation issued by HPD. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord had advised the DRA that it needed to replace the oil-burning furnace in the building with eight independent gas furnaces and hot water tanks. During this process, it provided tenants with 18 space heaters and eight electric hot plates that it bought and distributed to every apartment. Landlord also installed an electric water heater to ensure continued receipt of hot water as soon as it obtained a permit to do so. Landlord also claimed that it had started a court action against HPD and some building tenants concerning these conditions but that information wasn't submitted to the DRA and wouldn't be considered on appeal. The DRA correctly reduced tenant's rent based on the outstanding HPD violation.

Zack Maxie, LLC: DHCR Adm. Rev. Docket No. GU210028RO (11/4/19) [2-pg. doc.]