Landlord Can't Transfer Heating Costs to Tenant

Rent-stabilized tenant complained to the DHCR that landlord had reduced required services by unilaterally transferring the cost of heat and hot water to tenant. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord pointed out that tenant's lease required tenant to pay for his own electric heat and that tenants controlled and paid for their own electric heat and hot water at the time he bought the building. But landlord hadn't filed an application with the DHCR to modify heat and hot water service, and DOB records showed that a violation was issued in 2009 because there were no cellar boiler service equipment and boiler heating lines, electric heaters in apartments provided insufficient heat, and there was no oil or gas boiler. Rent Stabilization Code Section 2522.4 prohibits landlord from transferring the cost of tenant's heating to tenant; landlord is responsible for providing heat. 

O'Connell: DHCR Adm. Rev. Docket No. ZL210007RO (3/27/13) [3-pg. doc.]