Landlord Removed Gas Stove Before Getting DHCR Permission

Hotel-stabilized tenant complained of a reduction in services, claiming that landlord had unilaterally discontinued service of his gas stove in 2001. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that it couldn’t legally restore gas service to tenant’s room. Landlord wanted to enforce an agreement with tenant that landlord would either install an electric stove top or give tenant a $10 per week rent reduction. But the DRA properly imposed a rent reduction. Landlord registered the gas stove as a service to the unit in 1984 and tenant had use of a gas stove since he moved into the room in 1986. And, even though tenant waited more than four years to complain, the service wasn’t de minimis, or minor. Landlord’s appeal also was now moot because the DHCR had approved landlord’s late-filed application to modify services by replacing the gas stove with an electric one. 

Washington Jefferson Hotel LLC: DHCR Adm Rev. Docket No. BS410026RO (9/17/15) [4-pg. doc.]