DHCR Approves Replacement of Cooking Gas Service with Electric Stoves

LVT Number: #31639

Landlord asked the DHCR for permission to modify services for rent-stabilized tenants by replacing all gas cooking stoves in the building with electric stoves. The DRA ruled for landlord. Tenants appealed and lost. They argued that landlord's request should be denied because landlord was already required under an interim court order to restore gas and heat services in the building, and hadn't done so in the months before filing its service modification application.

Landlord asked the DHCR for permission to modify services for rent-stabilized tenants by replacing all gas cooking stoves in the building with electric stoves. The DRA ruled for landlord. Tenants appealed and lost. They argued that landlord's request should be denied because landlord was already required under an interim court order to restore gas and heat services in the building, and hadn't done so in the months before filing its service modification application. Landlord also had told the DRA that electric stoves already were installed in two apartments but one tenant hadn't consented to this installation. But it was the DHCR's established position that conversion of gas stoves to electric cooking stoves was an adequate substitution of services consistent with the Rent Stabilization Code. The interim court order also didn't preclude the DHCR from granting landlord's application to modify services.

Various Tenants of 829 Halsey Street: DHCR Adm. Rev. Docket No. IW210006RT (9/17/21)[2-pg. document]

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