Hole in Wall Behind Stove Caused Pilot Flame to Flicker

LVT Number: #20479

Tenant complained of a reduction in services because the flame in his oven kept going out. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that her contractor and appliance repair person found no problem behind the kitchen wall and that landlord had installed a new wall oven for tenant for no increase in rent. The DHCR ruled against landlord. The DHCR inspection showed that there was air coming into the kitchen from behind the wall due to a hole in the wall that extended outside to the exterior wall. This condition caused the flame in the oven to flicker.

Tenant complained of a reduction in services because the flame in his oven kept going out. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that her contractor and appliance repair person found no problem behind the kitchen wall and that landlord had installed a new wall oven for tenant for no increase in rent. The DHCR ruled against landlord. The DHCR inspection showed that there was air coming into the kitchen from behind the wall due to a hole in the wall that extended outside to the exterior wall. This condition caused the flame in the oven to flicker. This was a potentially dangerous condition.

Nichol: DHCR Adm. Rev. Docket No. WB310042RO (4/25/08) [2-pg. doc.]

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