New Landlord Can't Collect Air Conditioner Surcharge

Tenant complained of a rent overcharge when new landlord started billing him for an air conditioner surcharge. Tenant said he moved into the apartment in 1983 and installed an air conditioner in 1984. The DRA ruled for tenant. Since prior landlord didn't bill tenant for the air conditioner within a reasonable time, new landlord couldn't now do so. Landlord appealed, arguing that tenant had recently installed a new air conditioner to replace his old one. The DHCR ruled against landlord. It didn't matter that tenant bought a new air conditioner. Prior landlord had waived the right to collect an air conditioner surcharge from tenant long ago.

Neighborhood West 126th St. LLC: DHCR Adm. Rev. Docket Nos. VA410060RO, UL410038RT (7/7/07) [4-pg. doc.]