Landlord Can't Convert to Individual Apartment Boilers

LVT Number: #23188

Westchester landlord asked the DHCR for permission to modify services for rent-regulated tenants. Landlord wanted to change the heating system by replacing the gas-fired central boiler with individual apartment boilers, so that tenants could control and pay for their own heat. The DRA ruled against landlord, who appealed and lost. Rent regulations provided that landlord is required to maintain required or essential services, including repairs, heat, hot and cold water, maintenance, painting, and janitorial services. Landlord can't shift the cost of this responsibility to tenants.

Westchester landlord asked the DHCR for permission to modify services for rent-regulated tenants. Landlord wanted to change the heating system by replacing the gas-fired central boiler with individual apartment boilers, so that tenants could control and pay for their own heat. The DRA ruled against landlord, who appealed and lost. Rent regulations provided that landlord is required to maintain required or essential services, including repairs, heat, hot and cold water, maintenance, painting, and janitorial services. Landlord can't shift the cost of this responsibility to tenants.

154-156 Franklin Avenue: DHCR Adm. Rev. Docket No. YC910047RO (12/9/10) [2-pg. doc.]

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