No Waiver of A/C Surcharge Under Rent Control

Landlord asked the DHCR for permission to increase rent-controlled tenant's maximum collectible rent based on tenant's installation of an air conditioner. Tenant objected, pointing out that she had installed the unit some time ago, so landlord had waived the right to collect the increase. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that it was unfair to permit this surcharge under rent control while rent-stabilization rules called for a waiver of this surcharge if not collected within a reasonable time after installation. But that didn't matter. Rent control and rent stabilization were two different systems of regulation and had some different rules. Landlord could increase tenant's MCR by $5 per month, prospectively.

deVries: DHCR Adm. Rev. Docket No. ZH420024RT (1/11/12) [3-pg. doc.]