Tenant's Gas Service Cut Off

Rent-stabilized tenant complained of a reduction in services because he had no cooking gas. He said that Con Edison closed the gas line to his apartment after landlord damaged it during the renovation of an adjoining apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed for the first time that tenant didn't provide access to Con Edison to turn on the gas service after landlord installed a new gas riser from the basement to the apartment. Landlord's contractor had performed an integrity test on the gas line to the apartment, found several leaks, disconnected the line, installed a new gas riser from the meter in the basement, and reconnected the stove to the new riser. The DHCR's inspector found that the stove was inoperative, that the gas line connection behind the stove was turned off, and that the stove wasn't red-tagged by Con Edison. The DHCR inspector was unable to inspect the gas meter because the elevator didn't go to the basement and the building super couldn't be located. The DRA had notified landlord of the inspection.

Marbrose Realty, Inc.: DHCR Adm. Rev. Docket No. AV410015RO (1/17/14) [4-pg. doc.]