Landlord Can Convert to Electrical Exclusion for SRO Tenant

LVT Number: #24906

Landlord asked the DHCR for permission to terminate inclusion of electricity in rent-stabilized tenant's rent and replace it with direct metering or submetering paid for by tenant. The DRA ruled for landlord and gave it permission to convert from rent inclusion to rent exclusion of electricity charges in affected apartments by installing individual meters in the apartments. The DRA directed that tenants would thereafter pay their own electric bills and rents would be reduced by the amounts set forth in the DRA's order. Tenant appealed and lost.

Landlord asked the DHCR for permission to terminate inclusion of electricity in rent-stabilized tenant's rent and replace it with direct metering or submetering paid for by tenant. The DRA ruled for landlord and gave it permission to convert from rent inclusion to rent exclusion of electricity charges in affected apartments by installing individual meters in the apartments. The DRA directed that tenants would thereafter pay their own electric bills and rents would be reduced by the amounts set forth in the DRA's order. Tenant appealed and lost. She claimed that she was an SRO tenant and that landlord was required to provide gas and electricity. But the DRA properly granted landlord's request. It didn't matter whether tenant lived in a Class A or Class B apartment unit. 

140 East 31st Street: DHCR Adm. Rev. Docket No. AP410043RT (5/2/13) [2-pg. doc.]

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