Landlord Sealed Chimney So Tenant Couldn't Use Fireplace

Rent-stabilized tenant complained of a reduction in services after landlord sealed the chimney of a working fireplace that tenant had used for 40 years. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that the fireplace was merely decorative and its use was unauthorized. Landlord also argued that use of the fireplace would be dangerous. Tenant argued that he had used the fireplace since 1973 without incident and submitted three photographs showing the fireplace in use. Landlord also failed to file an application to modify services before sealing the chimney. Although not listed as a service in tenant’s vacancy lease, tenant had use of the fireplace throughout his tenancy, and therefore it was a required service. With its PAR, landlord submitted a 1967 building inspection report stating that the chimney was poorly capped and not deep enough for wood burning. But landlord didn’t explain why this wasn’t submitted to the DRA, and the report was issued six years before tenant moved in. So the conditions may have changed by then. Tenant also used the fireplace without any problems until 2015.

332 West 46th Street Holdings LLC: DHCR Adm. Rev. Docket No. DU410030RO (4/20/16) [6-pg. doc.]