DHCR Approved Change of Stove from Gas to Electric

The DRA granted landlord's 2018-2019 Maximum Base Rent (MBR) Order of Eligibility with an effective date of Jan. 1, 2018, because landlord complied with certification requirements for the biennial cycle. Rent-controlled tenant challenged the MBR order, claiming that she had no gas oven and wasn't able to use the building's laundry room since May 2017. Landlord had changed the gas line to electricity because of a gas leak in tenant's apartment, and replaced the gas stove with an electric oven. HPD found that the lack of a gas line was a rent-impairing item. The DRA ruled for tenant and revoked the MBR increase based on HPD's inspection.

Landlord appealed and won. To obtain the 2018-19 MBR increase, landlord was required to clear, correct, or abate all rent-impairing and at least 80 percent of all other NYC code enforcement violations that were recorded against the premises on Jan. 1, 2017, if the MBR application was filed by June 30, 2017, or as of six months prior to the date of filing of the MBR application, if the MBR application was filed after June 30, 2017. Landlord complied with these requirements. And the DRA had granted landlord's March 2018 application to modify services in order to replace the gas cooking range in tenant's line with electric cooking ranges. Since the modification order was issued more than two months before the DRA's December 2018 revocation order, that order must be revoked. HPD's report of a rent-impairing violation also was in error. Landlord also had given tenant a rent rebate for the inconvenience caused by the change in service. 

Heller Realty: DHCR Adm. Rev. Docket No. HN420008RO (4/17/19) [4-pg. doc.]