Landlord Can Collect Air Conditioner Surcharge

January 1, 2008

LVT Number: #20149

Landlord asked the DHCR to increase rent-controlled tenant's rent because tenant installed an air conditioner that jutted out past the window line. The DRA ruled for landlord and increased tenant's rent by $5 per month. Tenant appealed, claiming that landlord waived the right to any surcharge because tenant had installed the air conditioner before 1985. The DHCR ruled against tenant. For rent-controlled apartments, it didn't matter when the air conditioner was installed. Landlord can't collect any retroactive surcharge, but can collect surcharge going forward.

Landlord asked the DHCR to increase rent-controlled tenant's rent because tenant installed an air conditioner that jutted out past the window line. The DRA ruled for landlord and increased tenant's rent by $5 per month. Tenant appealed, claiming that landlord waived the right to any surcharge because tenant had installed the air conditioner before 1985. The DHCR ruled against tenant. For rent-controlled apartments, it didn't matter when the air conditioner was installed. Landlord can't collect any retroactive surcharge, but can collect surcharge going forward.

Lee: DHCR Adm. Rev. Docket No. VB420003RT (10/19/07) [2-pg. doc.]

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