Landlord Can't Seal Tenant's Fireplace

Landlord asked the DHCR for permission to modify services by sealing the fireplace in tenant's apartment and adding a purely decorative fireplace. The DRA ruled for landlord. Tenant appealed, arguing that there was no compelling reason to permit the sealing of the fireplace. The DHCR ruled for tenant and revoked its prior order. In a prior DHCR proceeding, the DRA ordered a rent reduction for landlord's sealing of the fireplace. Landlord argued that the New York City Landmarks Preservation Commission required it to seal the fireplace because the wall was structurally unsound, that restructuring the wall required removing the fireplace, and that the fireplace was deemed unsafe. But landlord didn't submit any documentation supporting these claims. The Landmarks Commission document submitted by landlord described approved alterations to be performed on the masonry and facade, but made no reference to fireplaces. And there was no proof that tenant's fireplace was unsafe. The fact that the fireplace wasn't used to provide heat didn't change the fact that tenant had a working fireplace. Tenant was entitled to a rent reduction of $5 per month for the loss of use of the fireplace.

148 Clinton Street: DHCR Adm. Rev. Docket No. TI210059RT (9/24/07) [3-pg. doc.]