Landlord Can Replace Gas Stoves with Electric Stoves Using HUD Rent Reduction Schedule

Landlord asked the DHCR for permission to replace gas stoves with electric stoves for rent-regulated tenants in its building. Landlord noted that it paid the gas bill for the building and that tenants paid for their own electricity. The DRA ruled for landlord and ordered a permanent Utility Allowance for cooking gas as established by the HUD schedule for 2021 in order to compensate tenants. This amounted to $25 per month for a one-bedroom apartment and $28 per month for two-bedroom units.

Tenants appealed and lost. They argued that, although landlord claimed the replacement of gas with electric stoves was based on safety concerns, there had never been an incident in the building showing there was a safety concern. The DHCR pointed out that it granted such applications so long as the new stoves were installed at no cost to tenants and wouldn't result in an increase to the legal regulated rents. The DRA applied DHCR policy in granting landlord's application with the appropriate rent reductions. 

MDevitt/Oling: DHCR Adm. Rev. Docket Nos. KV410001RT, KV410007RT (5/17/24)[3-pg. document]