Rent Reduced for Insufficient Heat

Rent-controlled tenant complained that he had no heat. The DRA ruled for tenant and reduced his rent by 7.5 percent per month. Landlord appealed and lost. Landlord claimed that clogged oil filters in the boiler, which had caused heating problems for a few weeks, were repaired in February 2013. HPD inspection reports found that tenant's apartment room temperature was 62 degrees Fahrenheit on Jan. 13, 2013, and 64 degrees on Feb. 4, 2013. But the DRA relied on HPD violation reports issued for inadequate heat on the dates cited by landlord. Landlord was required to maintain a minimum indoor temperature of 68 degrees Fahrenheit between 6 a.m. and 10 p.m. when the outside temperature is below 55 degrees. HPD violation reports supported the DRA's ruling. Landlord also didn't claim that repairs had been completed while the matter was before the DRA. Landlord could file an application to restore rent if repairs were completed and heat restored.

Fort 709 Associates LP: DHCR Adm. Rev. Docket No. BQ420024RO (4/30/14) [3-pg. doc.]