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supplier of heat

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supplier of heat

Postby Cherub » Wed Jan 15, 2003 2:10 pm

Hi everyone,

I'm a bit confused. In my lease agreement it states the the landlord will supply heat as required by law (I'm in NY) . Since we have gas heat does that mean that the landlord pays for the gas used to produce the heat? I have only electric appliances in my apartment (nothing runs on gas) yet I've been paying for gas to ConEdison. Am I being "snowed"? Any replies will be greatly appreciated!

~ Cherub
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Re: supplier of heat

Postby Cranky Tenant » Wed Jan 15, 2003 3:19 pm

If your LL supplies heat, that means he pays for the fuel that heats your apartment. ConEd bills usually covers the gas for stoves.

On the other hand, if the gas is turned off and ConEd's billing department isn't notified, they'll continue to bill you.
I'm a cranky tenant NOT a cranky lawyer.
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Re: supplier of heat

Postby Cherub » Wed Jan 15, 2003 4:51 pm

Thanks for the info...

There is no other use of gas in my apartment other than heat. The stove, and washer/dryer are electric. Should I still be paying for gas???
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Re: supplier of heat

Postby jot0n0 » Wed Jan 15, 2003 5:02 pm

Con Ed will continue to bill you an active account charge even though you don't use any gas. If you don't use any gas at all, then call Con Ed and ask them to shut off the gas portion of your account.
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Re: supplier of heat

Postby Cherub » Tue Jan 21, 2003 1:03 pm

Hi, I need more help with this one.

OK, I've checked, double checked and checked again.. and so did my husband. We have no gas hook-ups in our apartment. (stove and dryer are electric) We control the thermostat in our apartment.

We've paid almost $600 in gas alone for the past year. We do not have access to the gas meter, nor to the furnace.

In our lease it states.. "Landlord will supply heat as required by law and hot and cold water for bathroom and kitchen sink."..."Tenant must pay for all electric, gas, telephone and other utility services used in the Apartment.".

My husband asked the landlady yesterday if she is supposed to be providing heat, however she replied that we are to pay for heat and hot water.

Isn't this against the law?

We live in Bay Terrace, Queens.

I want to make sure that we're not "in the wrong" before we start to fight her on the issue.

Thanks for all your help!!!
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Re: supplier of heat

Postby jot0n0 » Tue Jan 21, 2003 1:16 pm

If your apt is rent regulated (controlled or stabilized) then the LL is responsible for the heat per DHCR fact sheet below.

New York State Division of Housing and Community Renewal, Office of Rent Administration

Fact Sheet #15 - Heat and Hot Water
By law, building owners must provide all tenants with the following levels of heat and hot water:

Heat (During the heating season, October 1 through May 31)

Between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees;

Between 10 p.m. and 6 a.m., heat must register at least 55 degrees Fahrenheit when the outside temperature falls below 40 degrees.
Hot Water (24 hours a day, 365 days a year)

Hot water must register at or above a constant temperature of 120 degrees at the tap.

If a tub or shower is equipped with an anti-scald valve that prevents the hot water temperature from exceeding 120 degrees, the minimum hot water temperature for that tub or shower is 110 degrees.
The New York State Division of Housing and Community Renewal (DHCR) is authorized to reduce the rent of any rent regulated apartment when these required heat and hot water services are not maintained. Tenants may file a "Tenant's Application for Rent Reduction based upon the Owners Failure to Provide and Maintain Heat and/or Hot Water Service(s)" (DHCR Form HHW-1). If more than one tenant wishes to file a complaint, the tenants must attach a schedule to the HHW-1 form or file "Statement of Complaint of Decrease in Building-Wide Services" (DHCR Form RA-84). If the owner is found by DHCR to have failed to provide adequate heat or hot water, a rent reduction shall be ordered for NYC rent stabilized apartments, or may be ordered for rent stabilized apartments outside NYC and rent controlled apartments statewide; and the owner will be prohibited from collecting any additional rent increases until the service is restored. In rent controlled apartments, no fuel surcharge may be collected until one year after DHCR issues an order finding that services are restored.

Rent controlled and rent stabilized tenants in New York City with heat and/or hot water complaints should call the NYC Central Complaint Bureau's Hotline at (212) 824-HEAT (4328).

A NYC Code Enforcement inspector will investigate your complaint and either issue a building violation or order emergency repairs to restore the services if they find the owner is not providing them.

If a tenant receives a rent reduction from DHCR and also receives another abatement or a rent credit because of the same conditions, the tenant cannot get both benefits at the same time.

For more information or assistance, call the DHCR Rent InfoLine (718-739-6400) or visit your Borough or County Rent Office.
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