Gas Odors in Kitchen

LVT Number: 11172

Tenant complained of a reduction in services because there was a gas odor in his kitchen. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that it found no gas leaks in the apartment either before or after the DRA's order was issued and that a prior DOB inspection found no gas leaks. The DRA had also dismissed the identical complaint from 47 other tenants in the building. The DHCR ruled against landlord. The DRA's inspector found a gas odor in tenant's apartment. The other tenant complaints were based on temporary interruption of gas service, not gas odors.

Tenant complained of a reduction in services because there was a gas odor in his kitchen. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that it found no gas leaks in the apartment either before or after the DRA's order was issued and that a prior DOB inspection found no gas leaks. The DRA had also dismissed the identical complaint from 47 other tenants in the building. The DHCR ruled against landlord. The DRA's inspector found a gas odor in tenant's apartment. The other tenant complaints were based on temporary interruption of gas service, not gas odors. And the fact that other similar complaints may have been dismissed didn't mean tenant's complaint should be, given the inspector's finding.

Tuffy & O'Keefe: DHCR Adm. Rev. Dckt. Nos. IE610329RO (9/5/96) [2-page document]

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