Landlord Can Replace Cooking Gas Service with Electric Stoves and Furnaces

In June 2018, landlord applied to the DHCR for permission to modify services by replacing all of the building's gas cooking stoves and furnaces with electric appliances to provide the same services. Tenants objected to landlord's application, but the DRA ruled for landlord. No rent reduction was ordered. In August 2018, tenants complained that no cooking gas was being provided. Landlord didn't respond to the DRA's notice of the complaint. DHCR inspection confirmed there was no cooking gas at the building and the DRA ordered a rent reduction in February 2019. Landlord asked the DRA to reconsider, given the separate DRA order approving service modification. The DRA ruled for landlord and revoked the rent reduction order. Tenants appealed and lost. Tenants had the opportunity to appeal the DRA's service modification approval order but didn't do so. They couldn't attack that order collaterally by appealing the DRA's order revoking the rent reduction. 

Hayashi et al.: DHCR Adm. Rev. Docket No. HX410026RT (12/30/20) [3-pg. doc.]