Tenants balk at heating surcharge

HARTFORD, Conn. — Outraged tenants bombarded the owner of Intertown Realty with questions about a “heat surcharge” that some claim is unfair and illegal during a lively public meeting

WECA protests in front of Intertown Realty offices.

Jeffrey Reiner, owner of Intertown Realty, attended a meeting sponsored by the West End Civic Association with roughly 60 tenants of his 11 buildings in the West End of Hartford. Tenants protested that Intertown leases say heating costs are included in monthly rental charges, but every winter they receive a bill for a “heat surcharge.” This surcharge varies from $40 to $60 per month from October to April and is paid in addition to the monthly rental rates. Reiner defended the charges, citing fine print in his lease that allows him to increase rent to cover additional costs in heat, taxes and insurance. The surcharge was a surprise to new tenants.

The clause that allows the surcharge is one paragraph of a two-page lease agreement. Many tenants complained that by the time they saw the lease, it was too late to find another apartment. “No one mentioned this heat surcharge when I signed the lease,” said new tenant Phil Lombardi. “If I had known about it I would have used that money to move into a nicer apartment.”

Section 8 tenants cannot be forced to pay the surcharge because they sign a separate lease that forbids such charges. This means some tenants are carrying a heavier financial burden for a basic service. If residents refuse to pay, Reiner has threatened to withhold security deposits or even evict tenants for non-payment. He recommended tenants consult with lawyers before refusing to pay.

Some tenants pay the surcharge while others refuse. Jennifer Hadlock, the WECA community organizer, told the story of a tenant who refused to pay. Reiner attempted to deduct the heating surcharge the security deposit, but when the tenant sued in small claims court, Reiner relented and reimbursed the full deposit.

“Reiner has been pulling this stunt for the past four years and I have never paid it,” said Brian Goodrich. “Each year he renews my lease anyway.”

This brings up the question of the legality of the surcharge. Is it a shakedown of tenants who are afraid of being evicted? If it is legal, why hasn’t Reiner gone after tenants who don’t pay it? No one at the meeting was able to identify another landlord that uses this scheme to cope with rising fuel costs.

After Reiner left the meeting, residents had a short discussion about how to proceed. It was agreed that a letter be sent to the Connecticut attorney general and a protest be held in front of Intertown’s office to get the attention of the attorney general.

The strategy worked. After a meeting with Attorney General Richard Blumenthal’s office, tenants are awaiting a decision.