Cooking Gas Shut Off Due to Con Edison Work Outside Building

Tenants complained of a reduction in building-wide services due to a Con Edison gas service shut-off. Landlord argued that all required services that it had control over were being maintained and that Con Edison shut off the gas because a gas main located under the sidewalk outside the building was unsafe and required work. Landlord had taken all measures directed by Con Edison to facilitate restoration of service, and that it shouldn't be penalized for this temporary condition. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. It's the DHCR's position that, regardless of landlord's good faith efforts, the interruption of cooking gas service required a rent reduction order. [Download PDF of decision here.]

482 Fort Washington LLC: DHCR Adm. Rev. Docket No. FQ430002RO (4/13/18) [4-pg. doc.]