Landlord Wants to Convert from Central Heating to Individual Apartment Heating

Landlord asked the DHCR if agency approval was required to convert a building from central heating to individual apartment heating and hot water units, with tenants becoming responsible for heat and hot water bills and receiving rent reductions. In an opinion letter, the DHCR stated that its approval was required. Landlord must file applications to decrease required services for rent-stabilized tenants or essential services for rent-controlled tenants. Landlord must also maintain central heating and hot water throughout the conversion process. If, as suggested, landlord wanted to convert each unit upon vacancy, landlord would also have to file a new application for each apartment or group of apartments being converted at one time. Also, no work could be done until the DHCR approved landlord's application. So, if the conversion is done after the apartment becomes vacant, it must remain vacant until the application is processed. And if tenant in occupancy objects to the conversion, the DHCR can't order access to permit the work to be done.

DHCR Opin. Ltr. by Charles Goldstein (1/10/97) [2-page document]