Tenant Not Required to Pay Electricity Charges to Landlord

Landlord sued to evict rent-stabilized tenant, claiming that tenant breached a substantial obligation of the lease by not paying money to landlord that was due for electricity. The court granted tenant’s request to dismiss the case. Tenant’s initial lease required tenant to pay electric charges to a public utility company, not to landlord. So tenant didn’t breach any substantial obligation of his tenancy. In 2004, the DHCR had granted prior landlord’s application to convert from rent inclusion to rent exclusion of electric current by installing individual meters in the building apartments. In 2006, 2008, and 2010, tenant signed renewal leases that provide for a separate electric charge, but the space for the amount was left blank. Landlord argued that the DHCR’s order in effect substituted landlord for the public utility company as the payee for electric charges, thereby amending the lease. But the DHCR’s order didn’t refer to tenant by name or to tenant’s apartment number. It listed only “various” tenants at the building address. And even if the DHCR order did cover tenant, nothing in the order amended tenant’s lease.

Tacfield Associates LLC v. Dalton: 2012 NY Slip Op 22275, 2012 WL 4353526 (Civ. Ct. Kings; 9/19/12; Marton, J)