Heat and Hot Water Adequate on Inspection Date

LVT Number: #22589

Rent-stabilized tenant complained of a reduction in services, claiming that she had no heat or hot water. The DRA ruled for tenant and reduced her rent. The DRA later granted landlord’s application for rent restoration based on the restoration of services. Tenant appealed and lost. Tenant claimed that there were days when she still had no heat or hot water. But the DHCR’s inspector found that heat and hot water were adequate on a December inspection date. The outside temperature was 30 degrees, and the temperature inside the apartment was 71 degrees.

Rent-stabilized tenant complained of a reduction in services, claiming that she had no heat or hot water. The DRA ruled for tenant and reduced her rent. The DRA later granted landlord’s application for rent restoration based on the restoration of services. Tenant appealed and lost. Tenant claimed that there were days when she still had no heat or hot water. But the DHCR’s inspector found that heat and hot water were adequate on a December inspection date. The outside temperature was 30 degrees, and the temperature inside the apartment was 71 degrees. The hot water temperature was 110 degrees.

Jasphy: DHCR Adm. Rev. Docket No. XD410043RT (12/4/09) [3-pg. doc.]

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