Heating Costs Transferred to Tenants

LVT Number: 13746

Landlord applied for MCI rent hikes based on the installation of individual apartment heat and hot water systems, electrical upgrading, and a new building entrance door. The DRA ruled for landlord, and tenants appealed, claiming that the new heat and hot water systems constituted a building-wide decrease in services because the cost of providing heat and hot water was transferred from landlord to tenants. The DHCR ruled for tenants and revoked the rent increase for this work.

Landlord applied for MCI rent hikes based on the installation of individual apartment heat and hot water systems, electrical upgrading, and a new building entrance door. The DRA ruled for landlord, and tenants appealed, claiming that the new heat and hot water systems constituted a building-wide decrease in services because the cost of providing heat and hot water was transferred from landlord to tenants. The DHCR ruled for tenants and revoked the rent increase for this work. It would be inconsistent with the ETPA to grant a rent increase when landlord removed a required service and transferred costs to tenants without tenants' consent or DHCR approval.

11 Lawrence St.: DHCR Adm. Rev. Dckt. No. HH930136RT (9/17/99) [4-pg. doc.]

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