HPD also placed a "B" violation for inadequate hot water on October 27, 2013 and a "C"
violation for inadequate hot water on June 5, 2015. The evidence is unclear as to whether this
condition persisted on a continuous basis from October of 2013 through June of 2015. However,
the violations remain pending with HPD through the date of the trial and Respondent proved that
he made ongoing complaints about the same condition, compelling the reasonable inference that
Respondent endured inadequate hot water for at least half of the months from November of 2013
through February of 2019. Inadequate hot water entitles Respondent to a rent abatement of 15%.
Port Chester Hous. Auth. v. Mobley,
6 Misc 3d 32 (App. Term 1st Dept. 2004). Fifteen percent of $800.74 for 32 months is
$3,843.52. The total abatement the Court awards is $10,689.79.
Respondent also counterclaims for harassment. Respondent testified, and Petitioner did [*6]not rebut, that, rather than work with Respondent to obtain a
Section 8 subsidy, a member of Petitioner knocked on his door and offered to get a studio
apartment in Respondent's name in Brooklyn or Queens. Respondent testified that he rejected
that offer. Respondent introduced into evidence a letter that he sent Petitioner dated September 8,
2016 referring to the buyout offer. Respondent testified that Petitioner again spoke to him about
having Respondent move out, this time to Danbury, Connecticut. Respondent introduced into
evidence another letter Respondent sent to Petitioner, this one dated September 20, 2016, stating
that he did not want to move to Connecticut.
The New York City Housing Maintenance Code, amended in December 2, 2015, before
Petitioner initiated contact with Respondent about surrendering the subject premises, defines