Air Conditioner Surcharge OK for Replacement Unit

Tenant complained of a rent overcharge because landlord started billing him a $5 monthly surcharge based on tenant's installation of an air conditioner. Tenant paid for his own electricity. Tenant argued that he had an air conditioner since the late 1970s without any surcharge. He said landlord waived the right to collect the surcharge. Landlord pointed out that tenant had installed an Emerson air conditioner in 1985 but had recently replaced it with a new Sharp unit. Landlord sought the surcharge shortly after tenant installed the new unit. The DRA ruled against tenant, finding no overcharge. Tenant appealed, arguing that since he merely replaced his old air conditioner, landlord's failure to collect the air conditioner surcharge within a reasonable time after he installed the first unit barred collection of the surcharge. Tenant said that the new unit was a gift and was more energy efficient, but that he could reinstall the old unit to avoid payment of the surcharge. The DHCR ruled against tenant. Under the terms of the current update to DHCR Operational Bulletin 84-4, landlord was entitled to collect the surcharge because it started charging tenant within a reasonable time after installation of the new unit.

Krajeski: DHCR Adm. Rev. Docket No. VJ910033RT (4/30/08) [4-pg. doc.]