Landlord Can Change from Master Electric Metering to Direct

LVT Number: #23128

Landlord asked the DHCR for permission to change from master electric metering to direct metering. The DHCR ruled for landlord. Tenant appealed, claiming that the DHCR should have made landlord upgrade the wiring inside each apartment. The court and appeals court ruled against tenant, finding the DHCR's decision was reasonable. It wasn't necessary to upgrade the wiring in every apartment.

Landlord asked the DHCR for permission to change from master electric metering to direct metering. The DHCR ruled for landlord. Tenant appealed, claiming that the DHCR should have made landlord upgrade the wiring inside each apartment. The court and appeals court ruled against tenant, finding the DHCR's decision was reasonable. It wasn't necessary to upgrade the wiring in every apartment. A licensed electrical engineer stated that every apartment would be able to utilize modern appliances after proposed improvements were installed and that rewiring would benefit tenants even without any increase in amperage. Tenant also claimed that landlord's rewiring was unsafe based on a fire in the building. But this occurred after the DHCR's ruling, so it couldn't be considered on appeal.

Fodor v. DHCR: 2010 NY Slip Op 08990, 2010 WL 4941657 (App. Div. 1 Dept.; 12/4/10; Mazarelli, JP, Acosta, Richter, Abdus-Salaam, Roman, JJ)