Landlord Waited Too Long to Collect A/C Surcharge

September 19, 2013

LVT Number: #25027

Rent-stabilized tenant complained of a rent overcharge based on an air conditioner surcharge collected by landlord. The DRA ruled for tenant. Landlord appealed and lost. Tenant showed that she had installed an air conditioner in 1999. Landlord didn't start billing tenant for the unit until 2010. Landlord argued that tenant had replaced her old air conditioner in 2010. But that didn't matter. It was undisputed that tenant had an air conditioner as of 1999.

Rent-stabilized tenant complained of a rent overcharge based on an air conditioner surcharge collected by landlord. The DRA ruled for tenant. Landlord appealed and lost. Tenant showed that she had installed an air conditioner in 1999. Landlord didn't start billing tenant for the unit until 2010. Landlord argued that tenant had replaced her old air conditioner in 2010. But that didn't matter. It was undisputed that tenant had an air conditioner as of 1999. Landlord waived the right to collect the surcharge by failing to do so within a reasonable period of time after the initial installation.

Kivlehan: DHCR Adm. Rev. Docket No. AQ110029RO (6/14/13) [2-pg. doc.]

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