Landlord Gets $5 Monthly Rent Hike for Tenant's Air Conditioner

Landlord applied to the DHCR for permission to increase rent-controlled tenant's rent by $5 per month based on tenant's installation of an air conditioner that extended beyond the apartment window line. Tenant's rent didn't include electricity. Tenant claimed that the air conditioner was installed by the prior landlord and that he already paid a surcharge for a washer, dryer, air conditioner, and all appliances included in his monthly rent since 1969. The DRA ruled for landlord and increased tenant's rent by $5. Tenant appealed and lost. Tenant failed to prove his claims concerning the air conditioner installation and charges. He didn't show that the air conditioner was installed before Oct. 1, 1985, that he made payments for the unit to the prior landlord before 1985, or that his initial monthly rent of $60 in 1969 included all appliances. There also was no proof that the air conditioner was a registered service in 1969. The rent increase ordered complied with the 33rd annual update of Section B of Supplement No. 1 to DHCR Operational Bulletin 84-4.

Tom: DHCR Adm. Rev. Docket No. GW420028RT (1/2/19) [3-pg. doc.]