Landlord Waived Air-Conditioner Surcharge

Rent-stabilized tenant complained of a rent overcharge. Among other things, she claimed that landlord began charging her $5 per month in 2006 for an air conditioner she installed in 2003. The DRA ruled for tenant on other overcharge issues but permitted landlord's collection of the surcharge. Tenant appealed and won. Landlord bought the building in 2005 and claimed that tenant hadn't installed the air conditioner until 2006. But tenant showed that she bought the unit in 2003 and said she installed it when she bought it. It was unlikely that tenant waited to install the unit, which should have been visible to landlord's staff during routine apartment maintenance over several years. Landlord waived its right to collect the air-conditioner surcharge by not beginning to do so within a reasonable period of time.

Perez: DHCR Adm. Rev. Docket No. XE410010RT (9/4/09) [5-pg. doc.]