Landlord Didn't Waive Air Conditioner Surcharge
LVT Number: #23736
Landlord sought a $5 per month rent increase from rent-controlled tenant based on tenant's installation of an air conditioner. The DRA ruled for landlord, stating that it could collect the surcharge. Tenant appealed and lost. Tenant claimed that she installed the air conditioner in 1970 and that landlord had waived the right to collect the surcharge. But, unlike rent stabilization, there's no waiver under rent control for noncollection of an air conditioner surcharge. Since tenant admitted that she had an air conditioner, landlord could collect the surcharge.
Rutherford: DHCR Adm. Rev. Docket No. ZE420037RT (9/28/11) [3-pg. doc.]
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