Respondent introduced into evidence a letter dated January 27, 2016 complaining about
noise from a washing machine. A stipulation in this proceeding dated May 8, 2017 ("the May
2017 stipulation") included Respondent's allegations that, inter alia, Petitioner must abate
noise and vibrations from washer/dryers in the unit above the subject premises. Respondent
testified that washing machines vibrate and make it hard for him to sit down and shook furniture
in the subject premises, sometimes as early as 4:00 a.m. This evidence is insufficient to prove
how often this condition impaired the habitability of the subject premises. The Court therefore
does not have a sufficient record upon which to base an award of a rent abatement.
The May 2017 stipulation included Respondent's request that Petitioner remove a lock from
a basement door. Respondent testified that the lock on the basement door prevents him accessing
a fuse box and prevents phone service providers from accessing connections necessary to address
issues Respondent had with phone service. Logically, a lock on a basement door in and of itself
does not impact the habitability of the subject premises; it is the consequences of lack of access
that do. The record is insufficient to show dates that Respondent did not have electricity. The
Court notes that Respondent at one point testified about texting Petitioner, which raises the
question about the effect of any interruptions of phone service through a connection to a landline.
Accordingly, the Court does not award a rent abatement for this condition.
Respondent testified that the subject premises had inadequate heat and hot water; that he
notified Petitioner by calling and texting and complaining to the Department of Housing