No Proof Tenant Had Air Conditioner When Building Became Rent Stabilized

Tenant complained of a rent overcharge. In March 2006, her building was removed from the Mitchell-Lama program. At that time, tenant's rent was $865 per month and prior landlord was charging tenant another $25 per month for an air conditioner surcharge. New landlord registered tenant's first rent-stabilized rent as $890 and charged her this amount. Tenant claimed that she never had an air conditioner. The DRA ruled against tenant. Tenant appealed and won. Tenant's rent was $865 per month before the building was bought out of the Mitchell-Lama program in March 2006. On July 1, 2006, prior landlord started charging tenant an additional $25 for an air conditioner. Tenant's records showed that she never paid this surcharge before the buyout date. She also submitted photographs showing childproof safety bars on her apartment's windows and no evidence of any window air conditioner. Because there was no proof of any air conditioners in the apartment on the base date when the building became rent stabilized, there was no basis for collecting the air conditioner surcharge.

Simmons: DHCR Adm. Rev. Docket No. VG610032RT (10/2/07) [4-pg. doc.]