Topic No. 310: Special Rules for Energy Conservation Work

For particular energy conservation work approved by the Commission on the Environment, 100% of the certified costs may be passed through to tenants of any property, regardless of the number of units. There is no annual limit on the amount of the passthrough.

The capital improvement passthrough does not become part of the tenant's base rent and must be discontinued at the end of the applicable amortization period. If the landlord fails to discontinue the passthrough at the proper time, the landlord is liable to the tenant for the overpayments.


June 2006