Tenants' Objections to Electrical Conversion Application Untimely

Landlord applied for permission to convert from electrical inclusion and master metering to submetering of electricity for rent-stabilized tenants. The DRA ruled for landlord and approved the change. Tenants' rents were reduced, and landlord was allowed to charge tenants an administrative fee of $4.00 per month. Tenants appealed, claiming that landlord didn't comply with Public Service Commission requirements and that the submeters were incorrectly wired. They also said their leases provided for inclusion of electricity in their rents. The DRA ruled against tenants. The Rent Stabilization Code permits conversion from master metering of electricity, with the cost of electricity included in tenants' rents, to individual metering, with tenants paying separately for electricity. Landlord submitted a PSC Order Approving Submetering Plan with its request to the DHCR. In addition, tenants didn't raise their claims about PSC approval and wiring defects before the DRA, even though they had received notice of landlord's application from the DRA.

150-10 71st Avenue: DHCR Adm. Rev.Docket Nos. UD110070RT, UD110071RT (4/20/07) [2-pg. doc.]