Landlord Can Replace Gas Stoves with Electric Stoves

LVT Number: #30396

Landlord asked the DHCR for permission to replace gas cooking stoves with electric stoves. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that landlord intentionally cut off the gas supply, damaged the gas systems including the gas meters, and made a false claim of gas leak to Con Edison in order to force tenants to accept the stove conversion. They also claimed that the new stoves were installed without a DOB permit and were unsightly.

Landlord asked the DHCR for permission to replace gas cooking stoves with electric stoves. The DRA ruled for landlord. Tenants appealed and lost. Tenants claimed that landlord intentionally cut off the gas supply, damaged the gas systems including the gas meters, and made a false claim of gas leak to Con Edison in order to force tenants to accept the stove conversion. They also claimed that the new stoves were installed without a DOB permit and were unsightly. The DHCR noted that tenants' complaints about landlord violation of local rules and regulations should be addressed to other agencies. Tenants also complained that using electric stoves was more expensive than using gas stoves. But it's DHCR policy that, when tenants have been paying for cooking fuel separate from the rent, the service that the owner is required to provide is cooking facilities, not fuel. By replacing gas-burning stoves with electric stoves, landlord was still providing the required cooking facilities. So, there was no decrease in services. And since the conversion was an adequate substitution of required services, no rent reduction was warranted.

Various Tenants: DHCR Adm. Rev. Docket No. HO430017RT (8/21/19) [2-pg. doc.]

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