Landlord Didn't Provide Gas Service to Tenant's Apartment

Rent-stabilized tenant complained of a reduction in services, claiming that cooking gas utility service wasn’t maintained in his apartment. The DRA ruled for tenant, after inspection showed that the stove was connected but that there was no cooking gas coming to the stove. Landlord appealed and lost. Landlord admitted that cooking gas was a required service but claimed that it provided the service to the building and to tenant’s apartment. Landlord submitted a copy of a settlement agreement signed by tenant and landlord in a prior housing court HP proceeding. There, tenant agreed to accept responsibility for contacting the gas utility company to establish an account for turning on gas and electricity for the apartment. But the fact that tenant agreed in housing court to assume responsibility for certain ministerial tasks didn’t bar landlord from meeting its obligation to provide cooking gas utility service.

Mhany 2012 HDFC: DHCR Adm. Rev. Docket No. EM110011RO (7/19/16) [1-pg. doc.]