
Heat and Hot Water: Who Pays?
by JAY ROMANO
Q Is it common for tenants to pay their own electricity charges? When is it permissible for a landlord to charge for heat and hot water?
A It is more common for tenants to pay for their own electricity in nonregulated apartments that regulated ones. In addition, "the law is clear that landlords must provide heat and hot water for each residential apartment," said Jonathan H. Newman, a Manhattan real estate lawyer. But if the unit isn't rent-regulated, there is no requirement that the landlord bear the costs of such services, and "the parties are free to negotiate otherwise." In a rent-regulated unit, if the landlord had paid for heat and hot water, the burden cannot be shifted to the tenant.