Preservation and Development of the City of New York ("HPD"); and that he heated the subject
premises himself with a space heater and an oven. Respondent introduced into evidence records
of complaints Respondent made to HPD about heat and hot water, dated November 8, 10, 22, and
23 of 2017, December 2, 24, 30, and 31 of 2017, January 2, 5, 15, 17, 24, 29, and 31 of 2018,
February 1, 4, 10, 13, and 19 of 2018, and March 2, 2018. Respondent also introduced into
evidence a log he kept when he experienced inadequate heat, with entries as such on December
26, 29, and 31 of 2016, January 3, 5, 7, 8, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
29, 30, and 31 of 2017, February 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,
21, 22, 23, 25, 26, 27, and 28 of 2017, and March 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of
2017.
Respondent testified on cross-examination that HPD did not place violations for lack of
[*5]heat and hot water because his use of the space heater and
oven heated the subject premises, compelling the conclusion that HPD inspected the subject
premises after Respondent complained. However, Petitioner is required to supply central heating
of the subject premises, N.Y.C. Admin. Code §27-2028, or an approved electric heating
unit. N.Y.C. Admin. Code §27-2032. N.Y.C. Admin. Code §27-2029(a) requires
dwellings with such central heat to "be furnished so as to maintain" heat at certain temperatures.
Therefore, if the temperature in the subject premises was otherwise adequate but the source of
heat in the subject premises was a space heater and an oven, Petitioner would have still been in
violation of the Housing Maintenance Code and an HPD inspector should have placed violations.