Gas Service Restored by Time of DHCR Inspection

Rent-stabilized tenant complained of a reduction in services, claiming that his stove and oven weren't working properly. The DRA ruled against tenant, finding that the stove/oven was working properly and cooking gas was being provided at the time of DHCR inspection. Tenant appealed and lost. Tenant claimed that the DHCR didn't inspect the condition until 10 months after tenant filed his complaint. He argued that he should get a rent reduction for the one and one-half month period that the gas service was shut off by Con Edison. Under DHCR Policy Statement 90-2, there is no basis for a rent reduction when service was restored as of the date of a DHCR inspection. And while acknowledging that the DHCR's inspection took place 10 months after tenant filed his complaint, the DHCR found no unreasonable delay in scheduling its inspection. 

Mirabito: DHCR Adm. Rev. Docket No. IX610008RT (7/2/21)[2-pg. document]