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Pay for my own heat??

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Pay for my own heat??

Postby Junior T » Mon Nov 06, 2017 1:08 pm

I am a rent stabilized tenant. My heat and hot water was always included in my rent. Now a new landlorrd who bought the building wants me to let him into my house, so he can make it so that we will pay for our own heat and hot water.
I am not : 1. Interested in paying for my own heat and hot water, naturally, and
2. Interested in letting him into my home and inconveniencing me while he does whatever he has to do to the heating systems to make this arrangement happen, so I have denied access.
To me, he should have no right to do this?
Am I correct?
Thank you, because this is very stressful. This man is nasty and I don't care if everyone else is letting him in, I want no part of this!
Junior T
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Joined: Mon Nov 06, 2017 1:01 pm

Re: Pay for my own heat??

Postby TenantNet » Mon Nov 06, 2017 3:06 pm

Read the rules on access in the forum's Reference Section. In general you must provide access, but for inspection or for certain repairs. In our view, you do not have to allow him to make changes if they would violate city law.

How do you know what he intends to do? Has he said so? I would ask him to put on paper exactly what he intend to do, with details. The idea is that you are laying a paper trail for a future court proceeding.

Our view is that the LL must continue to provide heat and hot water from a central source, not by any space heater device in the individual apartment, either with gas or electric.

See http://tenant.net/Other_Laws/HMC/sub2/art8.html

Code: Select all
Sec. [D26-17.01] 27-2028 Central heat or electric or gas heating system; when required.

Except as otherwise provided in this article. every multiple dwelling and every tenant-occupied one- or two-family dwelling shall he provided with heat from a central heating system constructed in accordance with the provisions of the building code and the regulations of the department. A system of gas or electric heating provided for each dwelling unit may, if approved by the department, be utilized in lieu of a central heating system if:

(1) The system is lawfully in use on July 14, 1967; or

(2) The system is approved by the appropriate city agencies having jurisdiction and is installed in a structure or building erected, converted, substantially rehabilitated, or completely vacated, after July 14, 1967.

Beyond that, as a Rent Stab tenant, even if space heating were allowable, the LL must provide and continue to provide the same services that were provided on the RS base date (generally 1974). They can't change service on a whim. However, with DHCR permission they can petition to make some changes. But that needs approval, and I don't think it would be that simple to get.

If other tenants are allowing the LL to do this, you should probably form a tenants association and consult with a tenant attorney.
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