Landlord Can Replace Tenant's Gas Stove with Electric Stove

LVT Number: #30454

Landlord asked the DHCR for permission to remove tenant's gas stove and install an electric stove. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord's application was retaliatory because tenant had claimed succession rights to the apartment. But it was the DHCR's established position that modification of services by conversion from gas cooking stoves to electric stoves was an adequate substitution of services with no change in the legal regulated rent.

Landlord asked the DHCR for permission to remove tenant's gas stove and install an electric stove. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord's application was retaliatory because tenant had claimed succession rights to the apartment. But it was the DHCR's established position that modification of services by conversion from gas cooking stoves to electric stoves was an adequate substitution of services with no change in the legal regulated rent. Landlord wasn't required to obtain pre-approval from Con Edison and didn't have to make a similar modification of services in other building apartments.

Quiles: DHCR Adm. Rev. Docket No. HS110017RT (9/19/19) [2-pg. doc.]

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