Landlord Didn't Provide Electric Service on Base Date

Facts: Rent-stabilized tenant complained of a reduction in services. She claimed that landlord had discontinued providing electric and gas service. Tenant lived in a two-family house that was part of a garden apartment complex converted to individual ownership. The DHCR ruled against tenant regarding electric service and gave her just a small rent reduction for reduction in gas service. The DHCR found that landlord didn't provide electric service to tenant on the base date in 1989. Tenant appealed. Court: Tenant loses. The DHCR's decision was based on substantial proof and wasn't arbitrary. Landlord and tenant had agreed in a prior settlement agreement that the base date was 1989. At that time, landlord wasn't providing electric service to tenant.

Lumberger v. Roldan: NYLJ, 4/4/01, p. 23, col. 6 (Sup. Ct. Queens; Milano, J)