Landlord Didn't Waive Right to Collect Air Conditioner Surcharge

Tenant complained that when his lease was renewed, landlord added a $10 surcharge for the installation of two air conditioners, even though they were installed with landlord's permission and without charge. The DRA ruled against tenant because landlord imposed the surcharge within a reasonable period of time after the installation of the air conditioners. Tenant appealed and lost. Tenant showed that the appliances were bought in July 1997. It was unclear when they were installed. Landlord started charging the rent surcharge in August 1998. There was no waiver of landlord's right to collect the surcharge.

Gomes: DHCR Admin. Rev. Dckt. No. PB210007RT (8/2/01) [2-pg. doc.]