Landlord Can Collect Air Conditioner Surcharge

July 31, 2007

LVT Number: #19810

Landlord asked the DHCR for permission to collect an air conditioner surcharge from rent-controlled tenant. Landlord claimed that tenant had two air conditioners. The DRA ruled for landlord in part. Only one unit extended beyond the window line. So landlord could increase tenant's rent by $5.00 per month. Tenant appealed, claiming that landlord had waived the right to collect the surcharge because he didn't collect the rent increase within a reasonable time after the air conditioner was installed. The DHCR ruled against tenant.

Landlord asked the DHCR for permission to collect an air conditioner surcharge from rent-controlled tenant. Landlord claimed that tenant had two air conditioners. The DRA ruled for landlord in part. Only one unit extended beyond the window line. So landlord could increase tenant's rent by $5.00 per month. Tenant appealed, claiming that landlord had waived the right to collect the surcharge because he didn't collect the rent increase within a reasonable time after the air conditioner was installed. The DHCR ruled against tenant. Waiver of the air conditioner surcharge applies only to rent-stabilized apartments. Landlord can collect the surcharge prospectively from rent-controlled tenant after the DHCR approves the application to collect the surcharge.

Rodriguez: DHCR Adm. Rev. Docket No. UH420050RT (5/18/07) [2-pg. doc.]

Downloads

UH 420050-RT.pdf66.88 KB

Topics

More like this