Answering a LL's DHCR Rent Reduction Response

[Jeffnet]

Hello,

Last year I filed an application with DHCR for a rent reduction due to a decrease in building-wide service.

Basically, my application had two complaints. They were:

1. Public hallways are in desperate need of a paint and plaster job, and
2. One of three light fixtures in the hallways on each floor turns off at 9am and doesn't turn back on until 5pm, causing possible safety hazard during overcast and/or dark days (there's also a window in the hallway).

After nearly a year, today I received the landlord's response dated October 26th, 2009, via DHCR.

Basically, the LL did, for the most part, resolve complaint number 1. There were several HPD violations requiring the LL to paint the building's interior, and they did start and complete the job in October.

Complaint number two - the center light fixture, is a bit more complicated.
The LL's response on the lighting complaint is as follows:

"Center light fixture - there are three light fixtures on each floor. Accordingly, the middle light fixture is set on a timer and scheduled to go on at sunset (5pm) until sunrise the day following. The lighting system has been used prior to 1984 and conforms with the Housing Maintenance Code."

Well, I checked the Housing Maintenance Code. The part of the code that most closely matches this issue states the following:

Sec. D26-19.05 Lighting to be provided at night; owner's
responsibility

a. The owner of a multiple dwelling shall turn on all required
lights in every public hall and stair at sunset every day
and shall keep them on until sunrise the day following.

However, my question is: Does this mean that the LL can set the lighting on a timer and turn it off everyday? In every other apartment building I've been in, I have always seen every light fixture "on."

Is the LL telling the truth in this interpretation?

Should I even pursue making a response? As I stated, it CAN get dark on overcast days. I'm not usually home during the day, but I have seen it happen.

Thanks for any help on this issue!