Electricity Already Included in Tenant's Rent

Landlord asked the DHCR to determine tenant's status and legal rent. The DRA found that tenant was rent controlled and that the MCR was $597 per month as of Jan. 1, 2006. The DRA noted that agency records showed that when the apartment was first registered in 1950, the rent included electricity and light. Tenant appealed, claiming that landlord didn't provide electricity. Tenant paid Con Edison directly for electricity to his apartment. The DHCR ruled against tenant. The DRA correctly calculated the MCR for the apartment based on electrical inclusion. No landlord had ever filed with the DHCR a request to remove electricity as a required service. Tenant can file a rent overcharge complaint with the DHCR or in court to seek reimbursement of payments made to Con Ed for electricity.

Slabyk: DHCR Adm. Rev. Docket No. VD120078RT (11/27/07) [2-pg. doc.]