Landlord Can Replace Steam Heat System with Electric Baseboard Heat

Landlord applied to the DHCR for permission to modify essential services by replacing a steam heating system with an electrical baseboard heating system. The DRA ruled for landlord. Three tenants appealed and lost. The steam heat system was in operation before landlord filed its application to modify services, and there was no change in service before the DRA approved landlord's proposed modification. Tenants argued that the timeline for the work was unclear and that it shouldn't be done during the COVID-19 pandemic. But the DRA clearly directed landlord to ensure that the work was done with the least inconvenience to tenants. And tenants could seek relief from the "appropriate authorities" concerning landlord's adherence to relevant COVID-19 restrictions. The DRA also ordered that landlord pay for the cost of the electric heat as a base date service. No further clarification was needed. The DHCR also rejected tenants' demand for a work plan for the installation of the new heating system. How the installation was performed is the subject of local building and site safety codes and fell under the jurisdiction of municipal authorities, not the DHCR. 

Whalen: DHCR Adm. Rev. Docket No. IW210008RT (6/11/21) [2-pg. document]