Cooking Fuel Required

LVT Number: 10075

Tenant objected to landlord's initial registration of services. Tenant claimed that landlord omitted cooking fuel from the list. The DRA ruled for tenant, finding that landlord was required to provide cooking fuel. Landlord appealed, claiming that tenant's lease provided that tenant pay all utility bills. The DHCR ruled against landlord. Cooking fuel was included in tenant's rent from 1976 until 1984, when prior landlord had meters installed and Con Edison began billing tenant directly for cooking fuel.

Tenant objected to landlord's initial registration of services. Tenant claimed that landlord omitted cooking fuel from the list. The DRA ruled for tenant, finding that landlord was required to provide cooking fuel. Landlord appealed, claiming that tenant's lease provided that tenant pay all utility bills. The DHCR ruled against landlord. Cooking fuel was included in tenant's rent from 1976 until 1984, when prior landlord had meters installed and Con Edison began billing tenant directly for cooking fuel. Since it was previously provided, cooking fuel was a required service and any new lease provision making tenant responsible for paying for it was unenforceable.

Gatoff Realty Co.: DHCR Adm. Rev. Dckt. Nos. JB 110006 RP; CE 110179 RT; CE 110181 RO (6/5/95) [5-page document]

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