Landlord Can't Force Tenant to Get Insurance

After an air conditioner fell out of one tenant's window, landlord demanded that all tenants have an air-conditioning company inspect their installations. Landlord also demanded that tenants get liability insurance for any damage caused by tenant-installed air conditioners. Tenant asked the DHCR if landlord could do this. In an opinion letter, the DHCR said that it had no authority over the issue of inspection of air conditioner installations. But with regard to the insurance demand, the DHCR's opinion was that any insurance premium paid by tenants at landlord's request would constitute a rent increase and would be subject to an overcharge claim. The DHCR noted that the Rent Guidelines Board includes the estimated cost of insurance premiums in its calculation of annual guidelines increases.

DHCR Opin. Ltr. by Charles Goldstein (8/1/01) [2-pg. doc.]