Landlord Waived Right to Collect Air Conditioning Charge
LVT Number: 16489
Landlord sued to evict rent-stabilized tenant for not paying air conditioner charges as additional rent. The court ruled against landlord. Tenant installed the air conditioner in June 2001 and landlord didn't start billing tenant air conditioner charges until July 2002. Landlord waited too long to start charging tenant the air conditioner fee and so waived its right to do so.
Michetti v. Potts: NYLJ, 3/26/03, p. 23, col. 2 (Civ. Ct. Kings; Sikowitz, J)