LL wants to install electric meter

[RRT72]

Hi all

I am in a RS apartment that was previously a duplex. There is no electric meter in my apartment - I believe it is in the apartment below (lower floor of former duplex) but don't know for certain.

So for the duration of my tenancy I have never paid an electric bill however I am covered within the rider of my lease which states that all utilities are included in the rent up to $100 each month. And the tenant pays the difference if the amount is exceeded. The LL has never charged me for exceeding the $100.

The LL now wants to install an electric meter in my apartment citing building, property tax, insurance cost increases as the reason. Is the LL able to do this?

Another factor that may or may not complicate matters is I have never signed a renewal lease. The LL has never sent renewal paperwork. I have lived in the apartment since 2019 and always pay rent on time per the lease. Is the LL able to change the rider of a RS lease if they offer me a renewal? I'm guessing a renewal lease will be required if the meter plan is to come to fruition.

Any answers or advice would be greatly appreciated.

Thanks!

[TenantNet]

Will look into this ... give us a few days If we forget, just bump it to remind us.

[RRT72]

Awesome, thanks

[TenantNet]

Quick questions ... but keep your inquiries quiet - do not tell the LL as they may freak out.

How do you know you're RS? Many LLs tell their tenants they are, but it often turns out to be untrue. Do you have a rent history from DHCR (get one if you don't)? Do you get DHCR registrations every year? Does the lease say RS at the top? Was the DHCR rider included?

You say the place was previously a duplex. How long ago (when was it converted)? Other tenants may be able to tell you. Is there a Certificate of Occupancy for the building? Was the conversion done with valid DOB permits?

Does the LL give you copies of the utility bill to show the amount charged? How many units would it cover? Does it cover hallways and other public areas of the building? You might have to investigate all this. (again, quietly).

Has the LL mentioned the word "smartmeter?" Are there meters in the basement? Many buildings are putting meters in the basement where they can transmit usage info over the internet.

Do you have gas in the unit - for cooking? How is your heat provided ... central or per unit? Is it electric, space heater or by steam heat?

There are two separate issues here:

1. Can the LL install a meter in your unit? and
2. Can he charge you in some different fashion? As things are, the electric is included in your rent and he might have to go through DHCR to change that.

On the renewal lease, that might also take some investigation. But don't rock the boat on that just yet.

[RRT72]

Thanks for the response.

At the top of my lease it says "attached rider sets forth rights and obligations of tenants and landlords under the rent stabilization law". The DHCR rider is included. I don't get DHCR registrations every year. I'll look into getting rental history.

I'll need to investigate the date of duplex conversion and DOB permits further. The building does have a certificate of occupancy on DOB website. My floor is referred to as part of floor below dwelling unit on the certificate. I assume this is referring to it being a duplex.

The LL does not give me copies of utility bills and hasn't mentioned smartmeter yet. I'll have a look in the basement for a meter.

It's gas for cooking and the heat is per apartment and comes from a mini split system wall unit which also provides AC.

[TenantNet]

For rent history, go to https://hcr.ny.gov/most-common-rent-reg ... es-tenants
Don't print it online - get the one mailed to you which goes back to 1984.

The lease and rider are good starts, but not absolute. From now until you die, hold onto all paper, even envelopes (they show postmarks). Even with all that evidence, the LL might claim a unit was deregulated. Also look for things like tax abatements (J51 or 421-a) depending on the age of your building.

You would only get the registration if the LL files one.

For DOB, start with https://zola.planning.nyc.gov/
There are links to DOB, HPD and ACRIS on the right. Get the Block and Lot number for your building - it will make things easier.

The heat system might not be illegal, but deal with that later. Is it electric heat? You say it's a "split system" wall unit. What does that mean? Is it split with another apartment?

A LL can switch from including electrical in the rent to making is a tenant obligation, but he must file with DHCR and it might come with a rent reduction. There used to be a fact sheet on that, but I can't find it.

However, your situation is complicated as it might cover two units.

As I said, now you start thinking about how this all works and do the research. Down the road, this might be helpful (but not now): https://utilityproject.org/

[RRT72]

Thanks for the link to rental history. I've put in a request.

The building is listed as being 421a exempt per DOF website.

On the DOB website, should the permits for the duplex conversion be available? There are a number of ALT 2 & 3 permits from 2011-2014 however i can't pinpoint what relates to the duplex conversion.

The heat is electric, similar to these:

https://hvacdirect.com/brands/mitsubish ... stems.html

It serves only my apartment.

Thanks again for all the help and quick correspondence. Much appreciated.

[RRT72]

Update: There are smartmeters for each apartment in the basement. The LL has marked each meter with a sharpie pen and my meter is marked with my apartment number and apartment below's number.

[TenantNet]

I'm assuming those are smartmeters for electric. There are also smartmeters for gas if the building has it.

From the link, I don't think those units are legal as the Housing Maintenance Code requires central heat (unless they get a waiver).

§ 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 be 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 fourteenth, nineteen hundred sixty-seven; 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 fourteenth, nineteen hundred sixty-seven.

Also see https://www.nydailynews.com/2015/12/22/ ... g-systems/

and
http://www.dnainfo.com/new-york/2015122 ... heat-cuomo

The concern here is if the LL converted to electric heat units, one per unit, and if RS tenants are forced to pay for this, that's an illegal rent increase and a decrease in services. There are provisions for electric inclusion - Google DHCR electric inclusion - where a LL can make an application for the conversion and tenants would get a one-time decrease in the legal rent.

That's why I asked about the DOB filings. With DOB, they are converting from their old site to the new one, and you need to check both (chances are it would be on the old BIS system). You'll need to dig deep into the system.

The 421a thing would likely make the situation more complex.