No Prior Notice to Landlord Needed for Emergency Service Complaint

April 30, 2007

LVT Number: #19598

Tenant complained of a reduction in services because gas to her apartment had been shut off. She also complained that her kitchen wall was torn up. Landlord advised the DHCR that gas had been restored. The DRA dismissed tenant's complaint. Tenant appealed and lost. Tenant didn't send landlord a prior letter regarding conditions at least 10 days before filing her complaint, as required by Rent Stabilization Code Section 2523.4(c). So the DRA could consider only that portion of tenant's complaint that involved gas service, since this was an emergency condition.

Tenant complained of a reduction in services because gas to her apartment had been shut off. She also complained that her kitchen wall was torn up. Landlord advised the DHCR that gas had been restored. The DRA dismissed tenant's complaint. Tenant appealed and lost. Tenant didn't send landlord a prior letter regarding conditions at least 10 days before filing her complaint, as required by Rent Stabilization Code Section 2523.4(c). So the DRA could consider only that portion of tenant's complaint that involved gas service, since this was an emergency condition. Tenant's complaint was otherwise properly dismissed.

Zigars: DHCR Adm. Rev. Docket No. UI410032-RT (1/26/07) [2-pg. doc.]

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