Court Already Ruled Landlord Could Collect A/C Surcharges

Rent-stabilized tenant complained of rent overcharge based on air conditioner surcharges that tenant claimed landlord wasn't entitled to collect. The DRA ruled for tenant, finding that landlord had waited too long to collect the surcharges. Tenant had installed the air conditioners in 2000, but landlord didn't start collecting the surcharges until 2007. The DRA ruled for tenant. Landlord appealed and won. Landlord had sued tenant in housing court for nonpayment of rent in 2007. The court had already ruled in landlord's favor that tenant owed $14,786 in back rent, including air conditioner surcharges. Tenant argued that only the DHCR could decide whether the air conditioner surcharges were legal. But the court also had authority to rule on this question in response to the overcharge claim that tenant raised in court. So the DHCR couldn't rule on the same issue once it was decided by the court.

Ruradan Corp.: DHCR Adm. Rev. Docket No. AO410009RO (9/10/14) [3-pg. doc.]