Court Finds That Electrical Surcharges Aren't Rent

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The predicate rent demand claimed that monthly rent for February 2016 was due, along with submetered electrical surcharges. Tenant pointed out that there was no DHCR order deeming the electricity charges to be additional rent and asked the court to dismiss the case. Landlord argued that it could seek a nonpossessory judgment for the electricity charges in the nonpayment case if the court didn’t consider these charges rent. The court ruled for tenant and dismissed the case. Even if landlord could seek a nonpossessory judgment for the electricity charges, there also had to be rent due. But landlord served a rent demand for February rent on February 1, before there was any default for nonpayment of February’s rent. 

Henry Phipps Plaza North Inc. v. Nkrumah: Index No. 55766/2016, NYLJ No. 120269722984 (Civ. Ct. NY; 10/4/16; Stoller, J)