Landlord Not Responsible for Heating Costs

Tenant complained that landlord didn't pay for heat to his apartment. The DRA ruled for tenant and reduced his rent. The DRA found that landlord was required to pay the cost of providing heat service to tenant's apartment. Landlord appealed, claiming that all building tenants had always paid for their own heat. This was shown in tenant's lease, building services registration form, sworn statements from prior tenant, and a letter from Con Edison. The building registration statement by itself didn't prove that tenants paid for heat. Other documents supported landlord's claim. The DHCR found that the DRA hadn't properly investigated the case, so sent it back to the DRA for further fact-finding.

Tam: DHCR Adm. Rev. Dckt. No. KB410050RO (11/19/96) [3-page document]