Landlord Can Replace Individual Cooking Gas Meters with Master Meter Gas Service

LVT Number: #33364

Landlord applied to the DHCR for permission to modify required services by converting from individual apartment gas meters to a master meter gas service where landlord would pay for tenants' cooking gas service. The DRA ruled for landlord. One tenant out of 71 rent-regulated tenants in the building appealed and lost. Tenant pointed out that landlord converted the gas service before obtaining the DHCR's approval. And tenant objected to landlord's application for MCI rent hikes based on the new installation.

Landlord applied to the DHCR for permission to modify required services by converting from individual apartment gas meters to a master meter gas service where landlord would pay for tenants' cooking gas service. The DRA ruled for landlord. One tenant out of 71 rent-regulated tenants in the building appealed and lost. Tenant pointed out that landlord converted the gas service before obtaining the DHCR's approval. And tenant objected to landlord's application for MCI rent hikes based on the new installation. The DHCR noted that, although landlord switched the service before getting DHCR approval, this didn't bar landlord from seeking and getting the DHCR's approval. The service modification was consistent with the Rent Stabilization Law and Code. And landlord indicated that the work was done in order to comply with NYC's new Fuel Gas Code. Prior DHCR decisions also had approved this type of service modification. As to the landlord's MCI application for the work, the DRA had approved the application in a separate proceeding, and tenant had filed a PAR. Any questions about the MCI increase would be addressed in that separate case.

Rosenfeld: DHCR Adm. Rev. Docket No. LP430018RT (8/15/24)[4-pg. document]

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