No Rent Reduction Where Service Restored Before DHCR Inspection

Rent-stabilized tenant complained to the DHCR in January 2019 of a reduction in services based on a gas service shut-off. Landlord answered that Con Ed had shut down the gas supply to tenant's apartment because of a leak to the gas range. Landlord gave tenant an electric stove promptly after the gas shut off. In the meantime, Con Ed required landlord to install a new gas riser, which required DOB permits and approval before completion. The DRA ruled against tenant in December 2019.

Tenant appealed and lost. Tenant claimed that he had no gas service from Oct. 30, 2018, to June 12, 2019, and that his rent should be reduced for that period. But the DHCR had scheduled an inspection for the apartment on Oct. 23, 2019, and tenant cancelled the inspection shortly beforehand, advising the inspector that service had been restored. Since service was restored prior to DHCR inspection, the DRA correctly terminated the proceeding and denied a rent reduction. 

Rodriguez: DHCR Adm. Rev. Docket No. IM610007RT (3/4/21) [2-pg. doc.]