Landlord Gets $10 Increase for Air Conditioner

December 1, 1994

LVT Number: 9305

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. She claimed that she shouldn't have to pay a $10 charge for the air conditioner because prior tenant and other tenants in the building didn't pay a surcharge for their air conditioners. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord. At the time tenant installed the air conditioner, landlord was permitted to charge a ''reasonable'' rent increase for it.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a rent overcharge. She claimed that she shouldn't have to pay a $10 charge for the air conditioner because prior tenant and other tenants in the building didn't pay a surcharge for their air conditioners. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord. At the time tenant installed the air conditioner, landlord was permitted to charge a ''reasonable'' rent increase for it. A $10 increase was reasonable and became part of the base rent.

Porzenheim: DHCR Adm. Rev. Dckt. Nos. DI 210289-RO, DJ 210154-RT (11/23/94) [5-page document]

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