Landlord Replaced Boiler with Individual Electric Baseboard Heaters

Tenants complained of a reduction in building-wide services. They claimed that landlord had removed the central heat and hot water system without their consent. An inspection showed there was no boiler and that tenants had their own electric baseboard heaters. The DRA ruled for tenants, and reduced their rents. Landlord appealed, claiming it was entitled to change the heating system. The DHCR ruled against landlord. Landlord didn't ask the DHCR for permission to modify building services before making this change. Landlord had transferred to tenants its duty to provide heat and hot water---with substantial increased costs to tenants. This was a failure to maintain required services.

945 St. Nicholas Realty Corp.: DHCR Adm. Rev. Dckt. No. FI 530232-RO (3/9/94) [4-page document]