Tenant Didn't Complain About Burner

LVT Number: 10215

Tenant complained of a reduced services. Tenant claimed there was a gas leak from her stove and that the oven smoked when used. The DRA reduced tenant's tent, based on an inspector's findings of a gas leak and smoking oven, and also of an inoperative stove burner. Landlord appealed, claiming, among other things, that tenant hadn't complained about an inoperative burner. The DHCR ruled for landlord on this issue. It was improper to have inspected for the condition of the burners since this wasn't raised in tenant's complaint.

Tenant complained of a reduced services. Tenant claimed there was a gas leak from her stove and that the oven smoked when used. The DRA reduced tenant's tent, based on an inspector's findings of a gas leak and smoking oven, and also of an inoperative stove burner. Landlord appealed, claiming, among other things, that tenant hadn't complained about an inoperative burner. The DHCR ruled for landlord on this issue. It was improper to have inspected for the condition of the burners since this wasn't raised in tenant's complaint. The DRA's order was modified to delete this particular item as a reason for the rent reduction.

Algin Management Co.: DHCR Adm. Rev. Dckt. No. EC 410203-RO (7/25/95) [2-page document]

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