A Landmark Victory for Eastwood Tenants on Submetering
September 18, 2009
Yesterday, the New York State Public Service Commission issued a landmark decision on electrical submetering in residential buildings - delivering a big victory to tenants at Roosevelt Landings and elsewhere. (See today’s New York Daily News article, “Mitchell-Lama Housing Tenants Win Out in Dispute Over Electric Bills.”) The Commission’s order, which came in response to my petition to overturn submetering at Roosevelt Landings, ordered a permanent halt to submetering at that building and several others, until and unless the landlords consult with tenants and develop a new submetering plan with substantial tenant protections.
I cannot thank PSC Chairman Brown and the Commissioners and staff of the Public Service Commission enough for their groundbreaking decision to permanently stay the submetering orders for Roosevelt Landings, Frawley Plaza, Metro North, and the Alpacas I&II. The full order is linked here from the Public Service Commission website.
Initially, when I challenged the PSC’s approval of submetering at Roosevelt Landings, the PSC issued a temporary stay. Now that the Commission has made that stay permanent, tenants can rest assured that they will not be subjected to any submetering scheme without their full consultation and basic tenant protections to ensure they are not unduly burdened.
The PSC’s decision promises a brighter future that doesn’t pit tenant rights against environmental goals—it proves that we can do both. The protections won are meaningful acknowledgments of what has been a deeply flawed process from a tenants’ rights perspective—and while more needs to be done, there is no question that we are moving in the right direction.
The Commission’s order addresses the need for tenants to be protected from illegal eviction proceedings that are too often brought over unpaid utility bills. It also acknowledges that asking tenants to use energy more efficiently means requiring landlords to give tenants the tools that make this possible, such as installing thermostats in electrically-heated buildings.
While I am pleased with the victories won yesterday, more work needs to be done to ensure that tenants are treated fairly. Some of the requirements do not go far enough—for instance, I do not believe that submetering should ever be allowed in the minority of buildings left in New York City that use electric heat. At a minimum, I will continue to push for the metering of electric heating to be separated out from other electrical uses.
Also, while this order relates to four specific buildings—creating tremendous precedent for future cases—the reality is that these basic tenant protections should be clearly written into law so that all New Yorkers share the same rights and are governed by the same rules.
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