Landlord Removed Gas Stove from Tenant's Apartment

Rent-stabilized tenant complained of a reduction in services because landlord failed to maintain a gas stove in his apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that a gas oven wasn't provided in the apartment on the base date and therefore wasn't a required service. Landlord also pointed out that the building no longer had gas service, after Con Ed shut it off in 2008 due to a faulty gas line, and didn't have 220 volt electrical lines. Landlord also claimed that it provided tenant with alternative portable cooking facilities. But the DHCR's rent control records showed that the apartment had a gas stove in 1970. Landlord never filed an initial building services registration in 1984. Landlord had removed a four-burner stove with an oven from tenant's apartment and refused to replace it with a comparable stove. Landlord had provided tenant with only a base cabinet, electric hot plate, and toaster oven. The DRA correctly determined that tenant's gas stove was a base-date required service.

301 East 56 Street: DHCR Adm. Rev. Docket No. AV410009RO (9/27/13) [3-pg. doc.]