Tenant Claims Excessive Apartment Heat Outside Heating Season

May 29, 2018

LVT Number: #28427

Tenant brought an HP proceeding against landlord in housing court, claiming there was excessive heat in her apartment. HPD's inspector visited the apartment in September 2016 and found no violation. The court dismissed the case. Tenant appealed and lost. Tenant made her claim of excessive heat outside the heating season, which runs from Oct. 1 through May 31 each year under Multiple Dwelling Law Section 79. So it was impossible for HPD's inspector to verify the claimed violation, and the case was properly dismissed.

Tenant brought an HP proceeding against landlord in housing court, claiming there was excessive heat in her apartment. HPD's inspector visited the apartment in September 2016 and found no violation. The court dismissed the case. Tenant appealed and lost. Tenant made her claim of excessive heat outside the heating season, which runs from Oct. 1 through May 31 each year under Multiple Dwelling Law Section 79. So it was impossible for HPD's inspector to verify the claimed violation, and the case was properly dismissed.

Grant v. NYCHA: 59 Misc.3d 136(A), 2018 NY Slip Op 50514(U) (App. T. 2 Dept.; 4/6/18; Pesce, PJ, Weston, Aliotta, JJ)

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