Landlord Must Seek DHCR Approval to Replace Gas Stove

Tenant complained of a reduction in services after his apartment became uninhabitable as the result of a fire. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled for landlord and restored tenant's rent. Landlord appealed. A portion of the DRA's order noted that landlord had replaced tenant's prior gas stove with an electric stove. The DRA had noted that landlord should file an application for approval of the modification of services. Landlord argued that it had already installed the electric stove. Given the age and condition of gas risers in the building, it wasn't feasible to reinstall a gas stove in tenant's apartment after the fire. The DHCR ruled against landlord. Landlord understandably replaced the stove before filing an application with the DHCR. But landlord should still file the application for approval of the modification of this service.

347 W. 16th Street, LLC/Jones: DHCR Adm. Rev. Docket Nos. VD410029RT, VC410072RO (10/19/07) [2-pg. doc.]