DHCR Finds Inadequate Heat Based on Open HPD Violation

Rent-stabilized tenant's subtenant complained of inadequate heat in his apartment. The DRA ruled for subtenant based on an HPD violation finding inadequate heat. Landlord appealed and lost. Landlord claimed that it advised subtenant when she moved in that she would replace the radiator in the bedroom, along with a valve for the living room radiator. Landlord claimed that subtenant denied access for this work several times, and pointed out that no tenants above or below subtenant had complained. But landlord had submitted no proof that the HPD violation had been revoked, rescinded, or improperly imposed. So the DRA's order was proper.

Levenson/Copeland: DHCR Adm. Rev. Docket Nos. BN410038RT, BN410024RO (3/14/14) [3-pg. doc.]