Tenants Complained of Fluctuating Water Temperature

Half the tenants in a 60-unit building complained that there was a fluctuation in the building's water pressure and temperature, causing the water to be alternatively scalding and chilling. The DRA ruled that there was inadequate hot water in 11 apartments, and reduced those tenants' rents. Landlord appealed, arguing that tenants didn't complain of inadequate hot water; their complaint was fluctuating water temperature. The DHCR ruled for landlord and revoked the rent reductions. The inadequate hot water condition, which was the basis for the rent reductions, wasn't a condition set forth in tenants' complaint.

Spielberg: DHCR Adm. Rev. Dckt. Nos. DK 130150-RO, DK 110179-RT, DK 110180-RT (9/24/93) [4-page document]