Nonworking Fireplace

July 31, 1997

LVT Number: 11689

Tenant complained of a reduction in services based on a nonworking fireplace. Landlord claimed the fireplace was decorative only. The DRA ruled for tenant and reduced his rent. Landlord appealed, arguing that the Fire Department had declared that use of the fireplace was illegal. The DHCR ruled against landlord. Landlord pointed to a Fire Department report which stated that a problem with fireplace flues prevented safe usage. This statement made it clear that the fireplace wasn't merely decorative, but was defective.

Tenant complained of a reduction in services based on a nonworking fireplace. Landlord claimed the fireplace was decorative only. The DRA ruled for tenant and reduced his rent. Landlord appealed, arguing that the Fire Department had declared that use of the fireplace was illegal. The DHCR ruled against landlord. Landlord pointed to a Fire Department report which stated that a problem with fireplace flues prevented safe usage. This statement made it clear that the fireplace wasn't merely decorative, but was defective.

Steele: DHCR Adm. Rev. Dckt. No. JH420167RO (3/27/97) [2-page document]

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