Inadequate Heat in One Apartment

LVT Number: 12591

Tenants challenged landlord's 1992 fuel cost report, claiming that landlord wasn't maintaining services. The DRA ruled that landlord couldn't collect any fuel passalong because it had been less than a year since the DRA issued a rent restoration order relating to a prior rent reduction for not providing heat or hot water. Landlord appealed, pointing out that the prior order affected only one apartment.

Tenants challenged landlord's 1992 fuel cost report, claiming that landlord wasn't maintaining services. The DRA ruled that landlord couldn't collect any fuel passalong because it had been less than a year since the DRA issued a rent restoration order relating to a prior rent reduction for not providing heat or hot water. Landlord appealed, pointing out that the prior order affected only one apartment. Landlord also argued that tenant affected by the rent reduction order hadn't joined in the fuel passalong challenge and that the reason for the heat problem was that tenant wouldn't permit access for connection to a new plumbing system. The DHCR ruled for landlord in part. Revocation of the fuel passalong should have been limited to the one apartment for which rent had previously been reduced. The other tenants must pay the fuel passalong.

Jadam Equities: DHCR Adm. Rev. Dckt. No. IH420006RO (4/17/98) [4-page document]