Water-Use Surcharge Not Subject to Overcharge Claim

Rent-stabilized tenant complained of a rent overcharge based on a water surcharge he paid to landlord. The DRA dismissed the complaint. Tenant appealed and lost. A utility company billed landlord for water use. Landlord, in turn, submetered the water and billed tenant for water use and electricity used to heat the water supply.The DHCR didn’t have any authority to rule on these charges. They were matters that were governed solely by the terms of tenant’s lease.

Soccer: DHCR Adm. Rev. Docket No. ZD110034RT (7/14/11) [2-pg. doc.]