New Landlord Who Discovered Tenant A/Cs Can Collect Surcharge

(Decision submitted by Tony Subraj, Vice President of landlord Zara Realty.)

Rent-stabilized tenant complained of rent overcharge based on landlord's collection of an air conditioner surcharge. The DRA ruled for tenant based on an incorrect finding that landlord hadn't answered the complaint. Landlord appealed and won. Landlord showed that it had filed an answer to tenant's complaint. Landlord bought the building in June 2016. In July 2016, the building super saw that tenant had two air conditioners protruding beyond the window line. Tenant didn't reply to the answer now made clear with landlord's PAR. Since landlord started charging tenant within a month after discovering the air conditioner, it correctly collected the surcharge. In a separate harassment case commenced by tenant, the DHCR had noted that, because prior landlord didn't collect an air conditioner surcharge, it appeared that landlord had waived the right to do so. But, in that case, the DHCR also noted that tenant's rent overcharge claim was pending and that the issue would be decided there. [Download PDF of decision here.]

150 Park LLC/Belair Park 5 LLC: DHCR Adm. Rev. Docket No. FP110018RO (12/7/17) [2-pg. doc.]