Landlord Can Eliminate Fireplace in Tenant's Apartment

Landlord asked the DHCR for permission to eliminate the fireplace service in tenant's rent-stabilized apartment. Previously, tenant had complained of a reduction in services because the fireplace didn't work. The DRA had ruled for tenant and reduced his rent. The DRA now ruled for landlord, permitting the elimination of the fireplace service, and reduced tenant's rent permanently by $5 per month. Tenant appealed and lost. Landlord had submitted reports from three contractors. Each contractor found that there were building-wide problems with the fireplace system, including safety issues, that would make repair of the fireplace extensive and prohibitively expensive.

Lifshey: DHCR Adm. Rev. Docket No. WF210022RT (10/19/12) [3-pg. doc.]