Fireplace Removed

February 1, 2004

LVT Number: 17120

Tenant complained of a reduction in services because his fireplace was inoperative. The DRA ruled for tenant. Landlord appealed and lost. Landlord provided a working fireplace when tenant moved into the apartment in 1973, until 2002. Tenant had submitted to the DRA a 1975 lease that contained a handwritten paragraph initialed by tenant and prior landlord. It stated that landlord agreed to fix the poor fireplace draft. In his PAR, landlord claimed that this was a forgery, but he didn't raise the issue before the DRA. So he couldn't do so now.

Tenant complained of a reduction in services because his fireplace was inoperative. The DRA ruled for tenant. Landlord appealed and lost. Landlord provided a working fireplace when tenant moved into the apartment in 1973, until 2002. Tenant had submitted to the DRA a 1975 lease that contained a handwritten paragraph initialed by tenant and prior landlord. It stated that landlord agreed to fix the poor fireplace draft. In his PAR, landlord claimed that this was a forgery, but he didn't raise the issue before the DRA. So he couldn't do so now.

Vincenty: DHCR Adm. Rev. Dckt. No. RE410055RO (12/12/03) [2-pg. doc.]

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