Landlord Waived Right to Collect Air Conditioner Surcharge

Tenant complained of a rent overcharge based on landlord's collection of air conditioner surcharges. The DRA ruled for tenant in part. The DRA found that landlord had waived his right to collect a surcharge for the living room wall air conditioner. But the DRA allowed a surcharge for a bedroom window air conditioner. Tenant appealed, claiming that the bedroom air conditioner was installed in 1979, the same year the other air conditioner was installed. The DHCR ruled for tenant. Landlord didn't answer tenant's PAR. And landlord submitted no proof to support his claim that tenant's bedroom air conditioner had been installed within the past two years.

Chacon: DHCR Adm. Rev. Dckt. No. TA610035RT (2/25/05) [2-pg. doc.]