Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Luxury residential towers on Billionaires Row
    Rent
    With an acoustic consultation, NYC buyers can identify noise problems missed during a walkthrough
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    one-bedroom unit at 365 West 23rd St.
    The Market
    A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Chelsea residential building
    Affordable Housing
    NYC’s rent freeze is still in place, at least for now
    One River Park at 355 Exterior St.
    Affordable Housing
    Housing lottery launches for 227 rent-stabilized units in Mott Haven
    Manhattan skyline
    Rent
    With asking rents near record levels in August, many Manhattan and Brooklyn tenants appear stuck
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    Carroll Gardens townhouse
    Getting Ready
    I cleared out my elderly neighbor's townhouse to sell it. Here's how I dealt with mountains of stuff
    Manhattan apartment towers
    Sell
    Manhattan and Brooklyn sales listings trend in opposite directions
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Red Hook Treehouses
    Live
    During Open House New York, get a rare look inside NYC’s most interesting residential properties
    The 1889 Brosnan House at 146 West 74th St.
    Live
    The 1889 Brosnan House at 146 West 74th St: An upscale family hurt by a series of calamities
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
    NYC building with scaffolding
    Renovation
    Ask Altagracia: My rental building is going condo and the renovation is making my life miserable. What are my rights?
    Sponsored By Outerbridge Law P.C.
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Manhattan apartment towers
    Roommates + Landlords
    Ask Altagracia: My luxury building doesn't have the amenities it promised and the rent is going up by $500. Can we push back?
    Sponsored By Outerbridge Law P.C.
    Brick apartment buildings in NYC
    Rent
    Ask Altagracia: I’m breaking my lease, and the landlord listed the apartment for a higher rent. Does this protect me from being sued?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: Our landlord wants to switch our heat to a more expensive system. Can we get a rent reduction?

By Himmelstein McConnell Gribben & Joseph LLP  | April 25, 2018 - 10:00AM
image

A reduction in services could mean you're entitled to a decrease in your monthly rent.

iStock

I live in a rent-stabilized apartment that has been purchased by a new landlord. The landlord has proposed ripping out the gas line and providing stabilized tenants with induction stoves and baseboard heaters, which are expensive, inefficient, bad for children and pets, and take up limited floor space. Does my landlord have the right to do this? Do tenants have any recourse, like rent abatements to offset costs?

If this change to the heat and gas in your apartment does in fact make it costlier than the system you currently have, you may be entitled to a reduction in rent, says Sam Himmelstein, a lawyer at the firm Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP who represents residential and commercial tenants and tenant associations.

"If a landlord wants to switch a building from one kind of heat to another, they have to ask for permission from the state Division of Homes and Community Renewal, which will often condition the granting of permission on a rent adjustment to compensate tenants for the additional anticipated cost," Himmelstein explains.

He cites a case in which tenants in the London Terrace Gardens complex had access to an indoor swimming pool for years. After building management applied to have that service restricted to co-op owners only, renters were granted a reduction in rent of $165 per month to cover gym membership as a replacement for the loss of pool access. And if your landlord's proposed changes mean not only a greater expense, but also poorer quality services, you might be able to push back further on the matter.

"As a general rule, rent-stabilized tenants are entitled to the same services they had when they moved into their apartments," says David Hershey-Webb, partner at HMGDJ Law. "Any reduction in required services could result in the rent being rolled back and frozen until the service is restored, should you file a complaint with the DHCR."

However, not all services are considered "required" by DHCR. The agency considers heat, as well as hot and cold water, as among the essential services that must be maintained under the law. Changes to anything on this list of de minimis conditions, meanwhile, are not considered a failure to provide required services.

Your landlord's proposed change doesn't clearly fall in either category, Hershey-Webb says: "The issue is whether it could be argued that the conversion from gas stove and heat to an induction stove and baseboard heating would be considered a reduction in required services."

This ambiguity leaves you with a couple of options as to how to proceed. First, you may be able to prevent your landlord from entering your apartment and making any changes at all.

"In any case like this, we first want to look at the leases, because the obligation of tenants to give access to apartments is governed by the language of leases and the law," Himmelstein says. "The rent-stabilization code says that tenants can be evicted if they don't give the landlord access for necessary repairs and improvements required by law, but this kind of work is neither of those. It's discretionary work."

However, he adds, some leases also have language that requires tenants to give the landlord access to their apartments for any work he or she deems necessary, in which case the landlord could argue that it's a breach of the lease to deny access to your apartment. You could instead hire an attorney to help you oppose the landlord's application to DHCR, which could lead to a reduction in rent. But some landlords neglect to file their plans to modify building services in the first place. 

"In that case, if tenants let the landlord in to change the heat and gas, they'd then have to file a reduction of services complaint with the DHCR," Himmelstein says.

Related: 

Ask Sam: How are rent abatements calculated, and am I entitled to one? (sponsored)

Ask Sam: Our landlord is doing renovations that will shrink the size of our apartment. What can we do? (sponsored)

Ask Sam: I found out my apartment is supposed to have a dishwasher. Can I get reimbursed for rent overcharges? (sponsored)

Ask Sam: Repairs are forcing me to move out for a month. Should my landlord pay for me to relocate? (sponsored)

Read all our Ask a Renters Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia heat landlords rent regulation tenants' rights
SHARE
TWEET
BRICK’S PICKS
one-bedroom unit at 365 West 23rd St.
A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
A kitchen with stainless steel appliances and counter tops and wood floor
11 things NYC landlords are required to provide, and 11 they’re not that might surprise you
716 Broadway, #2
What you need to know about buying a NYC condo or co-op with direct elevator access
Towers on Billionaire's Row
I received a pied-à-terre tax notice for my primary residence in NYC. How do I fight this?
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS