Landlord Can Collect Electric Inclusion Adjustment

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that, in calculating tenant's rent, the DRA didn't include a rent increase for electric inclusion in the lease beginning Feb. 1, 1982. Landlord claimed that at the time electricity was included in tenant's rent. The DHCR ruled for landlord. Although some time later the building was converted to electric exclusion and tenant's rent was permanently reduced by $46 per month, landlord could charge an electric inclusion adjustment under the 1982 lease.

Nagel: DHCR Adm. Rev. Dckt. No. EC410200RO (12/3/96) [6-page document]