No Overcharge Where Landlord Charged Tenant for Heat and Hot Water

Rent-stabilized tenant complained of rent overcharge. She claimed that landlord hadn’t registered her apartment and that she paid for heat and hot water. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Tenant’s apartment had its own boiler and hot water heater, and tenant had paid for the apartment’s heat and hot water since she moved into the apartment in 2003. Landlord also filed any missing rent registrations after receiving tenant’s complaint. Any issues concerning whether it was proper to charge tenant for heat and hot water must be raised in a service complaint or in response to landlord’s application to modify services.

Luna: DHCR Adm. Rev. Docket No. DR210008RT (8/19/15) [3-pg. doc.]