Landlord Can Convert from Gas to Electric Stoves for Rent-Stabilized Tenants

LVT Number: #31874

Landlord asked the DHCR for permission to modify building services for rent-stabilized tenants at its building by replacing their gas cooking stoves with electric stoves. The DRA ruled for landlord. Two tenants appealed and lost. Rent Stabilization Code Section 2522.4(e) permits a modification or substitution of services at no change in the legal regulated rent where such change is not inconsistent with the Rent Stabilization Law or Code.

Landlord asked the DHCR for permission to modify building services for rent-stabilized tenants at its building by replacing their gas cooking stoves with electric stoves. The DRA ruled for landlord. Two tenants appealed and lost. Rent Stabilization Code Section 2522.4(e) permits a modification or substitution of services at no change in the legal regulated rent where such change is not inconsistent with the Rent Stabilization Law or Code. It's the DHCR's established position that conversions from gas to electric stoves is permitted with no change in the legal regulated rent if installed at no cost to tenants. Landlord specified that the wiring for the electric stoves would be connected to landlord's electric panel and meter. So the electricity costs associated with the electric stoves would be covered by landlord, who waived any right to apply for rent increases based on the cost of the electric stoves. One tenant claimed that he didn't receive a copy of landlord's supplemental submission to the DRA in support of its application. But tenant was given the opportunity to respond in his PAR and there was no denial of due process and no change in the result was warranted.

Lockard/Williams: DHCR Adm. Rev. Docket No. IV410018RT (1/12/22)[2-pg. document]

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