Tenant's Claim of Inadequate Heat Does Not Bar Fuel Cost Adjustment

LVT Number: 19333

Landlord applied for a 2006 fuel cost adjustment to its rent-controlled rents. The DRA ruled for landlord and increased rents for rent-controlled tenants in the building. Tenant appealed, claiming that the heat in her apartment was inadequate. The DHCR ruled against tenant. There was no record of any DHCR rent reduction order for lack of heat at the building. If inadequate heat continues, tenant should file a DHCR complaint based on a reduction of services or complain to the proper city agency.

Landlord applied for a 2006 fuel cost adjustment to its rent-controlled rents. The DRA ruled for landlord and increased rents for rent-controlled tenants in the building. Tenant appealed, claiming that the heat in her apartment was inadequate. The DHCR ruled against tenant. There was no record of any DHCR rent reduction order for lack of heat at the building. If inadequate heat continues, tenant should file a DHCR complaint based on a reduction of services or complain to the proper city agency.

Cohen: DHCR Adm. Rev. Docket No. UH420041RT (11/2/06) [2-pg. doc.]

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