Tenant Didn't Violate Lease by Not Paying Electricity

Landlord sent Section 8 tenant and HPD a notice to cure, claiming that tenant violated the terms of her lease by failing or refusing to pay electrical charges. Landlord then sent tenant a termination notice, followed by notice of an eviction proceeding. Tenant asked the court to dismiss the case without a trial, arguing that the lease didn't require tenant to pay for submetered electricity. The court ruled for tenant and dismissed the case. Tenant's initial 2007 lease stated that "tenant must pay for all electric, gas, telephone, and other utility services used in the Apartment and arrange for them with the public utility company." In 2008, submetering was approved for the building. But tenant's lease didn't require payment to landlord for submetered electricity, and landlord hadn't amended tenant's renewal lease to provide for this. So there was no lease violation, and the case must be dismissed.

Greater Allen Affordable Housing v. Martinez: Index No. 76479/12, NYLJ No. 12026270112881 (Civ. Ct. Kings Co.; 11/13/13; Pinckney, J)