Gas Service Restored by Time of DHCR Inspection

LVT Number: #29956

Rent-stabilized tenant complained of a reduction in building-wide services based on a gas shutoff that made dryers in the laundry room inoperable. The DRA ruled against tenant because gas service had been restored by the time of the DHCR inspection. Tenant appealed and lost. Tenant argued that the DHCR didn't send an inspector to the building until 164 days after the complaint was filed. Landlord had answered the complaint in September 2017, stating that repairs required by Con Edison were underway and that it was awaiting gas activation by Con Edison.

Rent-stabilized tenant complained of a reduction in building-wide services based on a gas shutoff that made dryers in the laundry room inoperable. The DRA ruled against tenant because gas service had been restored by the time of the DHCR inspection. Tenant appealed and lost. Tenant argued that the DHCR didn't send an inspector to the building until 164 days after the complaint was filed. Landlord had answered the complaint in September 2017, stating that repairs required by Con Edison were underway and that it was awaiting gas activation by Con Edison. In the meantime, tenants had access to the laundry room in the neighboring building. The DHCR's inspection was conducted in January 2018. At that time gas was provided and the dryers were operating properly. When conditions have been repaired by the time of DHCR inspection, no rent reduction will be ordered. So the complaint was properly dismissed.

Lam: DHCR Adm. Rev. Docket No. GN410038RT (12/27/18) [2-pg. doc.]

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