Tenant Controls Heat Supply

LVT Number: 8882

Tenant complained of reduced services, claiming that landlord didn't provide adequate heat in two rooms of the apartment. A DHCR inspector found the heat insufficient, and ordered a rent cut. Landlord appealed, arguing that tenant controlled the blowers for the heat, and that tenant had turned them off to save electricity. The DHCR ruled for landlord, and returned the case to the DRA for a second inspection. Since tenant could control the blowers, an inspector needed to test the temperature while the blowers were turned on before reaching a conclusion that services were reduced.

Tenant complained of reduced services, claiming that landlord didn't provide adequate heat in two rooms of the apartment. A DHCR inspector found the heat insufficient, and ordered a rent cut. Landlord appealed, arguing that tenant controlled the blowers for the heat, and that tenant had turned them off to save electricity. The DHCR ruled for landlord, and returned the case to the DRA for a second inspection. Since tenant could control the blowers, an inspector needed to test the temperature while the blowers were turned on before reaching a conclusion that services were reduced.

KMR Realty Services Inc.: DHCR Adm. Rev. Dckt. No. HD 110240-RO (5/12/94) [2-page document]

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