Landlord Can Collect Surcharge for Replacement Air Conditioner

(Decision submitted by Eric F. Fromme of the Manhattan law firm of Fromme Schwartz Newman & Cornicello, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonpayment of rent, including an energy surcharge. Tenant received unmetered, unlimited electric current as a service included in his rent. Additional charges for the cost of operating an air conditioner were collected in accordance with the DHCR's Operational Bulletin 84-4. Tenant claimed that landlord wasn't entitled to collect the surcharge in this case because it hadn't collected it previously. The court ruled against tenant. Landlord was allowed to collect the air conditioner surcharge for the first time after replacing an existing air-conditioning unit. The court interpreted the waiver clause in the DHCR's Operational Bulletin to apply to a 1/40th increase for new equipment, but not to the electricity surcharge.

25 W. 86th St. Operating Corp. v. Garrison: L&T Index No. 115293/98 (Civ. Ct. NY 12/3/99; Malatzky, J) [6-pg. doc.]