Building Gas Service Was Restored Before DHCR Inspection

Tenants complained of a reduction in building-wide services based on interruption of gas service to the building, which affected apartment cooking gas as well as the building’s laundry service since dryers didn’t work during the gas outage. The DRA ruled against tenants since gas service was operating at the time of the DHCR inspection. One tenant appealed and lost. Tenant, who was disabled, had no gas service for 82 days. But, under DHCR Policy Statement 90-2, if landlord has restored service prior to DHCR inspection, there generally is no rent reduction ordered. The complaint was filed on April 25, 2016, the DRA sent notice to landlord on May 17, 2016, and the DHCR inspection was conducted on July 7, 2016. The complaint was properly dismissed.

Barrow: DHCR Adm. Rev. Docket No. ET410054RT (12/15/16) [2-pg. doc.]