Broken Stove Was Emergency Condition

Rent-stabilized tenant complained of a reduction in required services. The DRA ruled for tenant based on landlord's failure to maintain tenant's kitchen stove, and reduced tenant's rent. Landlord appealed and lost. DHCR inspection showed that the stove was inoperative because the electronic ignition system didn't work and the stove burners had to be lit with matches. Landlord claimed that tenant failed to send landlord a complaint letter about the condition before filing his complaint, in violation of the Rent Stabilization Code. But the DRA can process a complaint based on an emergency condition without proof of prior correspondence from tenant to landlord. The condition of a broken stove and gas leak that tenant complained about were emergency conditions, even though no proof of a gas leak was found.

NY Affordable Housing Associates: DHCR Adm. Rev. Docket No. ZB210038RO (4/3/12) [4-pg. doc.]