No Waiver of A/C Surcharge for Rent-Controlled Tenant

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent based on tenant's installation of three air conditioners that protruded beyond the window line of his apartment. The DRA ruled for landlord and authorized collection of a $15 monthly rent surcharge. Tenant appealed and lost. Tenant claimed that the air conditioners had been in place for more than 30 years and that any surcharge was therefore waived. But DHCR Operational Bulletin 84-4 permits landlord to collect the surcharge prospectively. Unlike rent stabilization, there is no waiver of the surcharge under rent control. The surcharge doesn't become part of tenant's maximum rent.

Weintraub: DHCR Adm. Rev. Docket No. AT420018RT (10/2/12) [2-pg. doc.]