Oil Tank Violation Results in Reduction in Required Services

Rent-stabilized tenant complained of a reduction in services. She said there was a serious fire egress violation because landlord had installed an oil tank. Tenant also claimed that the oil tank prevented her from using her leased storage space in the building basement. DOB had issued a violation to landlord stating that the oil tank blocked egress from the basement. Landlord admitted installing a temporary oil tank but denied that it prevented tenant from using her storage space. Landlord was converting from oil to gas, and the existing oil tank had to be decommissioned during the process. Landlord installed a small temporary tank when the underground tank was removed from service. Landlord also argued that the condition was minor.

The DRA ruled for tenant and reduced her rent. The DRA found that the second means of egress from the basement was blocked due to the tank installation, and that a ladder in that area below the cellar doors had been removed. Landlord appealed and lost. Landlord claimed that two ECB violations in connection with the oil tank had been dismissed. But the violation that tenant relied on was issued later and was still open. Landlord was fined $1,600 for an immediately hazardous violation finding that the oil tank blocked egress from the basement. 

305 West 90th Street: DHCR Adm. Rev. Docket No. BX410011RO (7/25/14) [4-pg. doc.]