Landlord Can Switch to Individual Gas Metering

Landlord asked the DHCR for permission to convert from master gas metering for cooking gas to individual gas metering. The DRA ruled for landlord on the condition that tenants receive a $35 permanent monthly rent reduction to compensate them for the transfer of the expense of cooking gas from landlord to tenants. Landlord appealed and lost. Landlord claimed that the $35 monthly rent reduction was much higher than the average monthly cost of $4.87 per apartment that landlord had paid for tenants' gas. Landlord also argued that the National Grid relied upon by the DRA showed the minimum charge for residential non-heating gas services as only $11.98, not $35. But the $11.98 figure noted on the National Grid chart showed only the "Delivery Charge" and didn't include the "Gas Supply Cost," the "NY State and Local Surcharges," or the "Sales Tax," which also were included in gas costs that tenants must now pay. 

57 Herkimer Street: DHCR Adm. Rev. Docket No. XL230056RO (12/27/12) [2-pg. doc.]