Landlord Replaced Boiler Without DHCR Permission

Rent-stabilized tenant complained of a reduction in services after new landlord replaced the boiler with individual units and Con Ed started billing tenant for gas used in connection with heat and hot water. Tenant moved into the apartment in 1978. He paid Con Ed directly for electricity at all times but never paid for gas until 2011. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that it had applied to the DHCR for permission to modify services. But at the time of the DRA's order, landlord hadn't obtained permission to modify services. So the DRA correctly reduced tenant's rent. The DHCR had subsequently granted landlord's service modification application. Landlord must wait for the DRA to rule on its application to restore rents.

Chen: DHCR Adm. Rev. Docket No. ZK110010RO (10/19/12) [3-pg. doc.]