Submetered Electric Charges Improperly Included in Rent Demand

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case. He claimed that landlord's rent demand failed to set forth a good faith approximation of rent due. Landlord claimed that it was entitled to seek electric charges under a DHCR order. The rent demand sought tenant's share of rent plus electric charges on different dates, and claimed rent due of $50 and $1,410 for electric charges. The court ruled for tenant. As stated in the DHCR's order, electricity charges that landlord passed on through submetering, after removing such charges from inclusion with the rent, couldn't be included in the legal regulated rent.

5-15 W. 91st St. LLC v. Williams: Index No. 67943/17, NYLJ No. 152123107 (Civ. Ct. NY; 3/7/18; Stanley, J)