Rent Reduction Based on Four-Year-Old HPD Violations

Rent-stabilized tenant complained to the DHCR of inadequate heat in his apartment. The DRA ruled for tenant and reduced his rent, based on two HPD heat violations. Landlord appealed, pointing out that the HPD violations in question were more than four years old. The DHCR ruled for landlord and dismissed the complaint. Tenant appealed, claiming that the DHCR's decision was unreasonable and that the old violations were still pending. The court ruled for tenant and sent the case back to the DHCR to reconsider the case. The DHCR now ruled against landlord. HPD's records contained two open heating violations, which the DRA correctly relied on. Landlord's submissions were insufficient to prove that the violations had been corrected.

80 Varick Street Group LP: DHCR Adm. Rev. Docket No. YF410003RP (11/4/11) [4-pg. doc.]