Hot Water Temperature Fluctuates

LVT Number: #22884

Tenant complained of a reduction in services based on various conditions, including boiling hot water in the bathroom. The DRA ruled for tenant after an inspection showed that the shower water fluctuated between 60 and 75 degrees Fahrenheit. Landlord appealed and lost. Landlord claimed that there were no HPD hot water violations at the apartment even though tenant had filed various hot water complaints with HPD. And the temperature found upon inspection wasn't boiling. But while the DHCR may rely on HPD findings, it is not required to do so and can rely on its own inspection results.

Tenant complained of a reduction in services based on various conditions, including boiling hot water in the bathroom. The DRA ruled for tenant after an inspection showed that the shower water fluctuated between 60 and 75 degrees Fahrenheit. Landlord appealed and lost. Landlord claimed that there were no HPD hot water violations at the apartment even though tenant had filed various hot water complaints with HPD. And the temperature found upon inspection wasn't boiling. But while the DHCR may rely on HPD findings, it is not required to do so and can rely on its own inspection results. And tenant also complained that she couldn't get the water temperature right, which was confirmed by the fluctuating water temperature.

1967 Properties, LLC: DHCR Adm. Rev. Docket No. YB210042RO (7/15/10) [3-pg. doc.]

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