DHCR Relied on HPD Violation for Wrong Apartment

Rent-stabilized tenant complained of inadequate hot water in his apartment. The DRA ruled for tenant, based in part on an HPD hot water violation. Landlord appealed. The violation the DRA relied on was issued for another apartment two years earlier. And each apartment had an individual gas heater and boiler, so it didn't matter if there was a hot water problem in another apartment. The DHCR ruled for landlord and revoked the rent cut. The DRA's decision was improperly based on an HPD violation not affecting tenant's apartment.

Lam: DHCR Adm. Rev. Docket No. YC210005RO (7/29/10) [2-pg. doc.]