Heat and Hot Water Weren't Required Services in Landlord's Building

(Decision submitted by Michael Littman of the Rockville Centre law firm of Sidrane, Schwartz-Sidrane, Perinbasekar & Littman, LLP, attorneys for the landlord.)

Tenant complained of a reduction in services in 2014. She moved into the building in 2011 and paid for heat and hot water. She claimed that the building was receiving J-51 tax benefits but that she was never informed that she was rent stabilized. The DRA ruled for tenant and reduced her rent, finding that, without obtaining prior DHCR approval, landlord had removed the service of providing heat and hot water from a central heating system to individual apartment metering that tenant paid for. 

Landlord appealed and won. When tenant moved into the apartment in June 2011, the building wasn't rent stabilized. It became rent stabilized only because landlord started receiving J-51 tax benefits on Sep. 18, 2021. This was the date the Certificate of Reasonable Cost was issued. So, only the services provided on that base date were required under rent stabilization. Landlord didn't provide tenants with heat and hot water as part of their rent on this base date. Landlord had changed the heating system prior to receipt of J-51 tax benefits. So there was no reduction in required services.

Tompkins Plaza, LLC: DHCR Adm. Rev. Docket No. FO210014RO (5/25/21) [5-pg. doc.]