Landlord Can't Collect Air Conditioner Charge

September 30, 1994

LVT Number: 9173

Landlord installed air conditioners in all apartments in the building, and charged tenants $5 per month per air conditioner for the three months out of the year the units were used. Landlord asked the DHCR if it could charge tenants for the other nine months per year over the last six years, and the DHCR said ''no.'' DHCR regulations state that landlord must begin charging tenants within a reasonable amount of time after the units are installed. Landlord had waited too long, so it can't get back the charges for the 54 months over the past six years.

Landlord installed air conditioners in all apartments in the building, and charged tenants $5 per month per air conditioner for the three months out of the year the units were used. Landlord asked the DHCR if it could charge tenants for the other nine months per year over the last six years, and the DHCR said ''no.'' DHCR regulations state that landlord must begin charging tenants within a reasonable amount of time after the units are installed. Landlord had waited too long, so it can't get back the charges for the 54 months over the past six years.

DHCR Opin. Ltr. by Nathaniel Geller (3/11/94) [2-page document]

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