Landlord Can Convert from Gas to Electric Heating

Landlord asked the DHCR for permission to substitute electric heating and cooking service for gas heating and cooking service at the building. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that changing from gas to electric heat would deprive tenants of rights guaranteed by New York State's Home Energy Fair Practices Act, that there must be a remedy provided in case landlord didn't pay the energy bill for the change of service, and that landlord must ensure that the proposed system provided at least 41,000 BTU to match the current heating system. But there was no proof that tenant had raised these objections before the DRA, and the DHCR wouldn't consider them for the first time on appeal.

Brinson: DHCR Adm. Rev. Docket No. HU410006RT (10/31/19) [2-pg. doc.]