Landlord Can Replace Gas Stoves with Electric Stoves

LVT Number: #30503

Landlord asked the DHCR for permission to modify building services by converting cooking service from gas to electric and to replace gas stoves with electric stoves. The DRA ruled for landlord, without any change to the legal rents. Tenant appealed and lost. She claimed that her utility costs would now be higher. But it's DHCR policy that when tenant had been paying for cooking fuel separate from the rent, the service that landlord was required to provide was cooking facilities for tenants, not the fuel.

Landlord asked the DHCR for permission to modify building services by converting cooking service from gas to electric and to replace gas stoves with electric stoves. The DRA ruled for landlord, without any change to the legal rents. Tenant appealed and lost. She claimed that her utility costs would now be higher. But it's DHCR policy that when tenant had been paying for cooking fuel separate from the rent, the service that landlord was required to provide was cooking facilities for tenants, not the fuel. In replacing gas-burning stoves with electric stoves, landlord was still providing the required cooking facilities and there was no decrease in services. This was a substitution in services, not a decrease in services, and no permanent rent reduction was warranted. 

Morahan: DHCR Adm. Rev. Docket No. HQ410021RT (10/2/19) [2-pg. doc.]

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