New Heating System Not a Service Decrease

Tenants complained of a reduction in services because under a new heating system, tenants had to pay the cost of electricity for the operation of a fan to bring heat into their apartments. The DRA ruled for tenants, and landlord appealed. Landlord had renovated the building in 1981 and switched to steam heat, by which a fan brings heat into the apartments. This required electricity that tenants paid for. The DHCR ruled for landlord and revoked the rent reduction. In general, this type of heating system qualified as a major capital improvement. Landlord still provided heat, and there was no proof that the new heating system was installed without proper permits. The change in the heating system wasn't in and of itself a reduction in services.

123 W. 44th St. Assocs.: DHCR Adm. Rev. Dckt. No. JJ 410006 RO (11/22/95) [6-page document]