HPD's affirmative failure to place violations leaves the only evidence of inadequate heat as the
testimony of an interested witness and a heat log that does not record temperatures. Respondent
has therefore not met his burden of proving the existence of a condition warranting a rent
abatement.
Respondent introduced into evidence violations of the New York City Housing Maintenance
Code that HPD placed on the subject premises, including an "A" violation placed on October 17,
2014 for defective surfaces in kitchen and the following "B" violations: one placed on December
31, 2012 for "broken surfaces, violations placed on October 27, 2013 for a leak in the ceiling,
defective surfaces in ceiling, and Petitioner's need to paint, one placed on July 30, 2014 for a leak
in the ceiling, and violations placed on October 6, 2017 for a water leak in the ceiling and broken
defective surfaces on the ceiling and wall.[FN4]
Respondent testified on cross-examination that Petitioner eventually corrected the leak damage
demonstrated by these violations; that he did not know when he complained to Petitioner about
these violations; and that when he complained to Petitioner, Petitioner would not fix the
underlying leak causing the problem, but would patch the ceiling.
The preponderance of the evidence shows that violations relating to leaks and consequent
damage occurred, that Respondent informed Petitioner of the violations, and that HPD placed
violations for these conditions from December 31, 2012 through October 6, 2017, 57 months.
The most that the record shows that these conditions diminished the habitability of the subject
premises by was fifteen percent. Fifteen percent of $800.74 for 57 months is $6,846.27.