Landlord Converted Heating System Without DHCR Approval

Rent-controlled tenant complained of a reduction in services. Until October 2006, landlord had always provided heat to the apartment by means of steam-heated radiators. Landlord then began rewiring apartments in the building so that electrical console water source heat pumps could be installed to replace the radiators. New wiring for each heat pump unit was attached to tenants' private Con Edison meters. The radiator in tenant's bathroom was torn out but not replaced by any other heating device. Tenant reported a huge increase in his electric bill after landlord replaced the other radiators in his apartment with the heat pumps. The DRA ruled for tenant and reduced his by 7.5 percent. Landlord appealed and lost. Landlord converted the heating system without seeking DHCR approval. And tenant now had to pay for heat, which previously was a service provided by landlord. The rent decrease ordered by the DRA properly reflected the reduction in rental value caused by the reduction in services.

1200 Fifth Associates LLC: DHCR Adm. Rev. Docket No. WA420058RO (3/27/08) [2-pg. doc.]