Landlord Must Provide Heat, Hot Water at No Added Cost

LVT Number: #20748

Landlord asked the DHCR for permission to decrease essential services to rent-controlled tenant. Landlord sought to charge tenant separately for heat and hot water. The DRA ruled against landlord. Landlord appealed and lost. It is longstanding DHCR policy, upheld by the courts, that rent-controlled and rent-stabilized tenants aren't responsible for the cost of heat or hot water under any circumstances. Providing heat and hot water is a fundamental service that must be included in tenant's rent.

Landlord asked the DHCR for permission to decrease essential services to rent-controlled tenant. Landlord sought to charge tenant separately for heat and hot water. The DRA ruled against landlord. Landlord appealed and lost. It is longstanding DHCR policy, upheld by the courts, that rent-controlled and rent-stabilized tenants aren't responsible for the cost of heat or hot water under any circumstances. Providing heat and hot water is a fundamental service that must be included in tenant's rent.

97 Douglass Street: DHCR Adm. Rev. Docket No. TH220060RO (7/8/08) [2-pg. doc.]

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