Rent Restored for Hot Water Temperature at 100 Degrees Fahrenheit

Rent-stabilized tenant complained of inadequate hot water in his apartment. The DRA ruled for tenant and reduced his rent after inspection showed that the water temperature fluctuated. Landlord later sought rent restoration based on the restoration of hot water service. The DRA ruled for landlord after inspection showed that water temperature at the faucets in the bath tub, bathroom sink, and kitchen sink registered consistently at 100 degrees Fahrenheit. Tenant appealed and lost. Tenant claimed that the hot water temperature fluctuated between 135 and 140 degrees. But this was inconsistent with the DHCR’s inspection report. And tenant hadn’t filed any complaint with HPD.

Nieders: DHCR Adm. Rev. Docket No. DO110015RT (11/6/15) [3-pg. doc.]