Landlord Not Responsible for Reinstalling Tenant's Air Conditioner

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled for landlord. Tenant appealed, claiming that landlord took 10 years to repair the apartment and that the wall repair required removal of her air conditioner from an apartment window. Landlord then refused to reinstall the air conditioner. In response, landlord claimed that the air conditioners were installed improperly regardless of whether the work required their removal. Landlord said tenant must pay for reinstallation by a qualified installer at her own expense. The DHCR ruled against tenant. Air conditioning isn't a required service for tenant's apartment. So landlord isn't required to reinstall tenant's air conditioner.

Maisel: DHCR Adm. Rev. Docket Nos. VE410014RT, VE410015RT (7/26/07) [3-pg. doc.]