Landlord Had Sufficient Notice of Complaint

Tenant complained of inadequate heat and hot water in his rent-stabilized apartment. The DRA ruled for tenant based on an HPD violation and reduced tenant's rent. Landlord appealed and lost. Landlord claimed that it wasn't given sufficient time to answer tenant's complaint. But HPD's violation was issued on Jan. 20, 2010, and stated that landlord was notified on Jan. 22. The DRA notified landlord of tenant's DHCR complaint on Jan. 27. The DRA's notice directed landlord to restore heat and hot water immediately and to submit evidence that the HPD violations were revoked. Landlord submitted a timely response to the DRA, but failed to submit any proof that the HPD violations had been rescinded. The DRA correctly issued its order reducing tenant's rent.

Mullarkey: DHCR Adm. Rev. Docket No. YB110056RO (7/22/10) [2-pg. doc.]