Landlord Can Collect Air Conditioner Surcharge from Rent-Controlled Tenant

Landlord asked for permission to increase rent-controlled tenant's rent because landlord had installed two air conditioners in the apartment. Electricity wasn't included in tenant's rent. The DRA ruled for landlord and increased tenant's rent by $10 per month. Tenant appealed, claiming that her new air conditioners were simply replacements for old units she had since the 1980s. She argued that landlord had waived the right to collect a rent surcharge. The DHCR ruled against tenant. Landlord is entitled to a $5-per-month surcharge for each air conditioner installed by tenant that protrudes beyond the window line. For rent-controlled apartments, landlord can collect the surcharge prospectively after he applies for, and the DHCR grants, permission. There is no waiver.

Lopez-Ortiz: DHCR Adm. Rev. Docket No. UH220036RT (1/19/07) [2-pg. doc.]