No Surcharge for New Air Conditioners Landlord Installed

Tenant complained of a rent overcharge based on landlord's collection of $15 per month for three air conditioners used in tenant's apartment. The DRA ruled against tenant, finding no overcharge. The DRA found that landlord was entitled to collect a $5 surcharge for each unit. Tenant appealed. In January 2007, landlord removed tenant's air conditioners when replacing windows on a building-wide basis. Tenant's units no longer fit in the new windows. Landlord purchased and installed three new air conditioners in tenant's apartment. Tenant said she had no choice, and landlord didn't seek tenant's prior consent. The DHCR ruled for tenant. Tenant neither bought nor installed the new air conditioners. Landlord also didn't seek tenant's written consent for the new units. If landlord had gotten tenant's written consent, landlord could have charged tenant a 1/40th rent increase based on the cost of the air conditioners. In a letter to tenant, landlord had admitted that it was replacing tenant's air conditioners and that they would be considered tenant's property because tenant had no choice in the matter. Landlord couldn't collect a monthly air conditioning surcharge from tenant because tenant didn't buy and install the air conditioners.

Conway: DHCR Adm. Rev. Docket No. VG410031RT (9/19/07) [3-pg. doc.]