Landlord Can Change from Gas to Electric Stoves in Rent-Stabilized Building

Landlord asked the DHCR for permission to modify services in a rent-regulated building by replacing gas cooking stoves with electric stoves. The DRA ruled for landlord.

Tenants appealed and lost. It is the DHCR's established position that conversion from gas to electric cooking stoves constitutes an adequate substitution of services as long as the installation is at no cost to tenants and with no change in the legal regulated rent. Tenants argued that landlord had made the service change before obtaining the DHCR's approval. But landlord did so in response to a gas service shutdown at the building, in order to restore the cooking facilities service. Under the circumstances, landlord was allowed to make the conversion from gas cooking to electric cooking stoves prior to DHCR approval under RSC Section 2522.4(e)(3). Tenants also complained that the change would significantly increase their electricity costs. But, since these costs weren't included in their rents, landlord wasn't precluded from changing the stove type. 

170 NY Tenants Association: DHCR Adm. Rev. Docket No. LW230010RT (4/26/24)[3-pg. document]