Landlord Can Substitute Electric Stoves for Gas Stoves

Tenants complained of a reduction in services after a building fire. The DRA ruled for tenants and reduced their rents to $1 per month because tenants had to move out temporarily. The DRA said that rents could be restored after tenants were able to move back in. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled for landlord. Tenants appealed, claiming that their apartments were not yet habitable because there was no gas service. The DHCR ruled against tenants. Tenants were able to move back into their apartments in August 2006. At the time landlord was unable to provide gas service to the building. Landlord offered tenants electric stoves, but tenants refused to have the electric stoves installed. The apartments were habitable, and landlord was willing to provide cooking facilities. The DRA properly restored tenants' rents. The DRA also ruled that landlord could file an application for permission to modify services, based on substitution of the electric stoves for the prior gas stoves.

347 W. 16th Street, LLC/Various Tenants: DHCR Adm. Rev. Docket Nos. VD410034RT, VC410073RO et al. (10/19/07) [4-pg. doc.]