HPD Heat Violation Too Old for DHCR to Rely on

Tenant complained that heat was inadequate in his apartment. The DRA ruled for tenant based on an HPD heat violation issued to landlord. Landlord appealed. The HPD violation that tenant and the DRA relied on had been issued more than four years before tenant filed his complaint with the DHCR. The DHCR ruled for landlord. Rent Stabilization Code Section 2523.4(c) requires tenant to submit a copy of an HPD violation report with any complaint about lack of heat or hot water. Landlord showed that, in connection with a recent court case, the HPD issued a more recent violation report showing that the prior heating problem no longer existed. The DHCR revoked the rent reduction order.

80 Varick Street Group LP: DHCR Adm. Rev. Docket No. SJ410050RO (10/4/07) [3-pg. doc.]