Landlord Stopped Paying for Tenant's Heat

Tenant complained of a reduction in services. Landlord previously provided heat to tenant by means of steam-heated radiators in each apartment. In October 2006, landord rewired apartments so that electrical console water source heat pumps (PTACs) could be installed to replace the radiators. New dedicated wiring for each PTAC unit was attached to each individual tenant's private Con Ed meter. Landlord removed the radiator in tenant's bathroom but didn't replace it with a PTAC or any other heating device. The PTACs were operated by an electrical pump, and tenant reported a huge increase in her electric bill. Landlord didn't have permission from the DHCR to shift responsibility for payment of heating costs from landlord to tenant. The DRA ruled for tenant and reduced her rent-controlled rent by 7.5 percent. Landlord appealed and lost. Landlord discontinued an essential service to tenant's apartment, and tenant now had increased electrical expenses. The 7.5 percent rent reduction ordered by the DRA was a proper remedy.

1200 Fifth Associates, LLC: DHCR Adm. Rev. Docket No. WA420061RO (4/11/08) [2-pg. doc.]