Landlord Can Collect Air Conditioner Surcharge

July 31, 2011

LVT Number: #23510

Landlord asked the DHCR to increase rent-controlled tenant's MCR based on tenant's installation of two air conditioners in the apartment. The DRA ruled for landlord and granted a $10 per month increase. Tenant appealed and lost. Tenant claimed that landlord waited too long to seek the rent increase since the air conditioners had been in the apartment for some time. The DHCR ruled against tenant. Under rent control, there's no time limit for seeking a tenant appliance rent surcharge. This waiver provision applies only to rent-stabilized units.

Landlord asked the DHCR to increase rent-controlled tenant's MCR based on tenant's installation of two air conditioners in the apartment. The DRA ruled for landlord and granted a $10 per month increase. Tenant appealed and lost. Tenant claimed that landlord waited too long to seek the rent increase since the air conditioners had been in the apartment for some time. The DHCR ruled against tenant. Under rent control, there's no time limit for seeking a tenant appliance rent surcharge. This waiver provision applies only to rent-stabilized units.

Costanza: DHCR Adm. Rev. Docket No. ZE420001RT (6/24/11) [3-pg. doc.]

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