Functioning Fireplaces

December 1, 2002

LVT Number: 16288

Landlord applied for permission from the DHCR to seal rent-controlled tenant's fireplace. The fireplace was added to the apartment in the 1800s and was used for burning coal. It was no longer used for heating. There had been a fire in another apartment from the use of the fireplace to burn wood. The DRA ruled against landlord. Landlord appealed and lost. The fireplace was a base date service provided to tenant. Even though the fireplace was no longer used to provide heat and could not, by law, be used to burn coal, landlord couldn't simply eliminate the service.

Landlord applied for permission from the DHCR to seal rent-controlled tenant's fireplace. The fireplace was added to the apartment in the 1800s and was used for burning coal. It was no longer used for heating. There had been a fire in another apartment from the use of the fireplace to burn wood. The DRA ruled against landlord. Landlord appealed and lost. The fireplace was a base date service provided to tenant. Even though the fireplace was no longer used to provide heat and could not, by law, be used to burn coal, landlord couldn't simply eliminate the service. Landlord didn't submit sufficient proof to supports its claim that the fireplace presented a safety hazard.

Morgan Holding Corp.: DHCR Admin. Rev. Dckt. No. KA420195RO (10/15/02) [4-pg. doc.]

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