472 A.2d 901 | D.C. | 1984
A representative of a tenant association, acting on behalf of all the tenants in her eighteen-unit apartment building, filed a petition with the Rental Accommodations Office claiming that the tenants were entitled to a rollback and a partial refund of their rent based on a reduction in services and other deficiencies in their building. The petition estimated that the total value of the reduced services was $30,000. A hearing examiner found, after taking testimony, that the apartment building was without heat for approximately sixty-three days during a four-and-one-half month period in the winter of 1979-1980. He directed the landlord
Petitioners make four arguments, three of which we reject for various reasons.
Finally, petitioners contend that there is no basis in the record for the hearing examiner’s decision to award a $5.00-a-day refund to each tenant for the sixty-three heatless days. Respondent concedes that the hearing examiner did not explain how he arrived at the $5.00 figure and suggests that the case be remanded for further proceedings on this issue. We agree.
Affirmed in part, remanded in part.
. The petitioners in this case are the owner of the building and the corporation which manages the property on behalf of the owner. We shall refer to them both collectively as the landlord.
. At oral argument counsel for petitioners withdrew two additional claims of error which he had made in his brief.
. The intervenor makes no such concession, but argues forcefully that the award of $5.00 per day was “reasonable under the circumstances.” We cannot accept this argument because the record is inadequate to support it.