Landlord Gets Air Conditioner Surcharge Despite SCRIE

August 9, 2012

LVT Number: #24275

Landlord asked the DHCR for permission to increase rent-controlled tenant's maximum collectible rent (MCR) by $29.13 per month based on tenant's installation of an air conditioner in an electrical inclusion building. The DRA ruled for landlord. Tenant appealed and lost. Under DHCR Operational Bulletin 84-4 as supplemented, landlord was entitled to charge this amount since tenant had installed an air conditioner sometime between Oct. 1, 2011, and Sept. 30, 2012. Tenant argued that he received SCRIE benefits.

Landlord asked the DHCR for permission to increase rent-controlled tenant's maximum collectible rent (MCR) by $29.13 per month based on tenant's installation of an air conditioner in an electrical inclusion building. The DRA ruled for landlord. Tenant appealed and lost. Under DHCR Operational Bulletin 84-4 as supplemented, landlord was entitled to charge this amount since tenant had installed an air conditioner sometime between Oct. 1, 2011, and Sept. 30, 2012. Tenant argued that he received SCRIE benefits. But, while some rent adjustments aren't collectible from SCRIE tenants, rent adjustments for air conditioners are exempt from this provision.

Laskowski: DHCR Adm. Rev. Docket No. AR420008RT (6/21/12) [3-pg. doc.]

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