Landlord Can Require Tenants to Have Electricity Separately Metered

May 31, 1997

LVT Number: 11507

(Decision submitted by Sherwin Belkin of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP.) Landlord submitted a legalization plan to Loft Board which included landlord's plan to put in separate electric meters and have tenants billed directly by Con Edison. Leases entitled landlord to pass along electricity charges and to install separate meters, but landlord had never previously done so. Instead, landlord had paid for electricity. Tenants claimed services were being reduced. The Loft Board's ALJ ruled for tenants, and landlord appealed.

(Decision submitted by Sherwin Belkin of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP.) Landlord submitted a legalization plan to Loft Board which included landlord's plan to put in separate electric meters and have tenants billed directly by Con Edison. Leases entitled landlord to pass along electricity charges and to install separate meters, but landlord had never previously done so. Instead, landlord had paid for electricity. Tenants claimed services were being reduced. The Loft Board's ALJ ruled for tenants, and landlord appealed. The Loft Board reversed and ruled for landlord. Tenants' leases permitted landlord to require tenants to have their electricity separately metered.

29 John St. Tenants Assn.: Loft Bd. Order No. 2058 (1/30/97) [13-page document]

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