Landlord's Application to End Electrical Inclusion Denied

LVT Number: #24788

Landlord asked the DHCR for permission to terminate rent inclusion of electricity for a rent-stabilized tenant by removing that apartment from submetering and have tenant pay for his own electricity. Since any order to modify electric service would have to cover all rent-stabilized and rent-controlled tenants in the building, the DRA asked landlord to submit a list of all rent-regulated apartments in the building. Landlord submitted only a statement that tenant's apartment was the only unit registered with the DHCR.

Landlord asked the DHCR for permission to terminate rent inclusion of electricity for a rent-stabilized tenant by removing that apartment from submetering and have tenant pay for his own electricity. Since any order to modify electric service would have to cover all rent-stabilized and rent-controlled tenants in the building, the DRA asked landlord to submit a list of all rent-regulated apartments in the building. Landlord submitted only a statement that tenant's apartment was the only unit registered with the DHCR. The DRA ruled against landlord, finding that landlord didn't prove there was only one rent-regulated apartment in the building. Landlord appealed and lost. Landlord didn't fully or properly respond the DRA's request for additional information, and landlord couldn't submit new evidence with its PAR. DHCR records also indicated that tenant's apartment wasn't the only rent-regulated apartment in the building.

220 Pelham Road: DHCR Adm. Rev. Docket No. AO910045RO (3/7/13) [2-pg. doc.]

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