Tenant Not Entitled to Working Fireplace

July 31, 1993

LVT Number: 8096

Tenant complained of reduced services. When she moved into the apartment, the renting agent told her that the fireplace worked. But, in fact, the fireplace didn't work and was merely decorative. The DRA reduced tenant's rent, and landlord appealed. Landlord showed that the fireplace was merely decorative on the base date and at all times since. The apartment was rent-controlled from 1940 through 1989. The DHCR's 1943 and 1974 service registration records showed no working fireplace. Also, other tenants in the same line of apartments stated that their fireplaces had never worked.

Tenant complained of reduced services. When she moved into the apartment, the renting agent told her that the fireplace worked. But, in fact, the fireplace didn't work and was merely decorative. The DRA reduced tenant's rent, and landlord appealed. Landlord showed that the fireplace was merely decorative on the base date and at all times since. The apartment was rent-controlled from 1940 through 1989. The DHCR's 1943 and 1974 service registration records showed no working fireplace. Also, other tenants in the same line of apartments stated that their fireplaces had never worked. The DHCR revoked the rent reduction.

Schubert: DHCR Adm. Rev. Dckt. No. FH 410365-RO (5/7/93) [4-page document]

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