Landlord Must Provide Cooking Fuel to Tenants

Landlord asked the DHCR for permission to require rent-controlled tenants to pay for cooking fuel, which landlord currently paid for. The DRA ruled against landlord and noted that a court stipulation provided that tenants weren't required to pay rent until landlord restored all essential services, including heat, hot water, and gas. In addition, DHCR records showed that heat, hot water, and cooking fuel were registered as essential services for the building. Landlord appealed and lost. Landlord argued that, under the court stipulation, tenants were to resume paying rent when all essential services were restored, that the services were restored on May 18, 2010, but that tenants still refused to pay rent. But cooking fuel was an essential service that must be provided by landlord. The DHCR had no authority to compel tenants to pay rent, so landlord must address that issue in court.

509 West 150th Street: DHCR Adm. Rev. Docket No. ZE420046RO (12/5/12) [2-pg. doc.]