Inoperable Fireplace Not Minor Condition

LVT Number: #20667

Tenant complained of a reduction in services based on an inoperable fireplace in his apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that this was a minor condition because tenant didn't complain for more than four years after the condition developed. The DHCR ruled against landlord. This wasn't a minor condition. And in its answer to tenant's complaint, landlord stated that its contractor had inspected the fireplace, but that the contractor hadn't yet fixed it.

Tenant complained of a reduction in services based on an inoperable fireplace in his apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that this was a minor condition because tenant didn't complain for more than four years after the condition developed. The DHCR ruled against landlord. This wasn't a minor condition. And in its answer to tenant's complaint, landlord stated that its contractor had inspected the fireplace, but that the contractor hadn't yet fixed it.

Samson Management LLC: DHCR Adm. Rev. Docket No. VJ420055RO (7/3/08) [2-pg. doc.]

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