Code Amendments on Electrical Conversions Upheld

April 1, 2006

LVT Number: 18782

Tenants sued the DHCR, challenging amendments to the Rent Stabilization Code that affected electrical conversion. Tenants claimed that the regulations improperly permitted landlords to discontinue electricity as a required service. The court ruled against tenants. Tenants appealed and lost. The amendments to the Code showed that the DHCR's ruling regarding the computation for the adjustment of rent in buildings where electrical conversion to individual meters had taken place was based on verified, statistical data.

Tenants sued the DHCR, challenging amendments to the Rent Stabilization Code that affected electrical conversion. Tenants claimed that the regulations improperly permitted landlords to discontinue electricity as a required service. The court ruled against tenants. Tenants appealed and lost. The amendments to the Code showed that the DHCR's ruling regarding the computation for the adjustment of rent in buildings where electrical conversion to individual meters had taken place was based on verified, statistical data. Since the DHCR relied on this data, its decision wasn't arbitrary or unreasonable.

Car Barn Flats Residents Assn. v. DHCR: NYLJ, 3/10/06, p. 28, col. 6 (App. Div. 1 Dept.; Tom, JP, Friedman, Nardelli, Williams, Sweeny, JJ)

Topics

More like this