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Residential Tenant must pay heat in lease

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Residential Tenant must pay heat in lease

Postby joliett » Mon Jan 20, 2003 7:51 pm

Can a landlord put in a NYC residential lease the requirement that a tenant must pay for heat.

Even if the tenant is monetarily compensated for allowing this, it then ultimately puts the responsibility of adequate, safe heat in the poor tenants hands.

Comments anyone??
Joel Teicher, P.E.
www.TenantEngineer.com
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Re: Residential Tenant must pay heat in lease

Postby consigliere » Mon Jan 20, 2003 11:08 pm

As you pointed out in another thread, Energy Law §17-103 requires a landlord to provide a tenant with the heating bills for the last two years, if the tenant is responsible for the cost of heating.
 
In the early 1960s, New York City outlawed tenements where the buildings had no heating facilities.
  
Landlords were given the option of (a) installing a full heating system where the landlord paid for the cost of heating or (b) installing heating units in apartments where the tenants paid for the cost of heating. Landlords received larger rent increases under rent control if they chose option (a).
 
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Re: Residential Tenant must pay heat in lease

Postby Chimera » Tue Jan 21, 2003 12:34 am

Even if the tenant is monetarily compensated for allowing this, it then ultimately puts the responsibility of adequate, safe heat in the poor tenants hands.
This does not put the resposibility of providing heat in the 'poor' tenant's hands. It hands to responsibility of paying for heat to the tenant, but said tenant would pay for heat by means of increased rent if the landlord paid for it in the first place, so it's really a moot point. Furthermore, in this particular case, the tenant is being compensated for heating costs. The landlord is fulfilling his heating obligations by providing the means of heating the apartment, there is nothing under the law that requires the landlord to shoulder the costs of monthly heating bills.
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