Landlord Can Collect Surcharge for Two Air Conditioners Installed Before 1985

Landlord applied for a rent increase from rent-controlled tenant. The DRA increased tenant's maximum collectible rent by $37.30 per month based on the fact that tenant had installed two additional air conditioners in the apartment. Tenant appealed, claiming that the two units were installed before 1985 and served as alternates. The DHCR ruled for tenant in part. In landlord's electrical inclusion building, the law allows landlord to charge tenant an electricity surcharge for each air conditioner installed. An inspection in 1995 showed that tenant had four air conditioners that stuck out beyond the window line. This added to landlord's labor costs, maintenance, and possible liability. And the surcharge itself was set by the Rent Guidelines Board. So the amount of the surcharge was fair. But DHCR records showed that before 1985, tenant already had been charged rent increases for three of the four air conditioners. So the new surcharge for the additional air conditioner was reduced by half, to cover just one additional unit.

Chun: DHCR Adm. Rev. Dckt. No. KB420035RT (3/21/00) [2-pg. doc.]