Landlord Converted Stoves Before Getting DHCR Approval

LVT Number: #23017

Tenants complained of a reduction in building-wide services after landlord eliminated gas service to their stoves and replaced it with electric stove service. The DRA ruled for tenants and reduced their rents. Landlord appealed and pointed out that the DRA had granted landlord's application to substitute electric service for gas service. The DHCR ruled against landlord. Landlord changed the service before obtaining DHCR approval, and the rent reduction order was issued two months before the DRA approved the service substitution. So the DRA properly reduced tenants' rents.

Tenants complained of a reduction in building-wide services after landlord eliminated gas service to their stoves and replaced it with electric stove service. The DRA ruled for tenants and reduced their rents. Landlord appealed and pointed out that the DRA had granted landlord's application to substitute electric service for gas service. The DHCR ruled against landlord. Landlord changed the service before obtaining DHCR approval, and the rent reduction order was issued two months before the DRA approved the service substitution. So the DRA properly reduced tenants' rents. Landlord could now file for rent restoration based on approval of the service modification.

230 West 97th Street: DHCR Adm. Rev. Docket Nos. YD410006RO, YF410028RO (9/29/10) [3-pg. doc.]

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