Functioning Fireplace Required

Landlord asked the DHCR for permission to permanently discontinue providing tenant with a working fireplace. Landlord claimed that it wasn't used for heat, that it was dangerous, and that it would be very expensive to restore for use. The DRA ruled against landlord. Landlord appealed and lost. Landlord didn't submit sufficient proof of its claims, such as a report from a government entity that use of the fireplace was illegal or hazardous. And landlord submitted no proof of the cost of restoring the service or its ability to afford such cost.

Horatio Arms Inc.: DHCR Adm. Rev. Dckt. No. SJ410067RO (1/21/05) [4-pg. doc.]