No Waiver of Air Conditioner Surcharge Under Rent Control

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent based on tenant-installed air conditioners. The DRA ruled for landlord and increased tenant's rent by $25 per month. Inspection showed that tenant had five air conditioners in the apartment that extended beyond the window line. Tenant appealed, claiming that these weren't new air conditioners and that landlord didn't start collecting the surcharge within a reasonable period of time. Tenant argued that it was unfair that the rules for rent-controlled and rent-stabilized tenants were different. The DHCR ruled against tenant. Rules for rent control and rent stabilization are different in some cases. Landlord would be subject to a waiver rule if tenant were rent stabilized, but landlord also wouldn't have to apply to the DHCR for permission to increase tenant's rent if tenant were rent stabilized.

Check: DHCR Adm. Rev. Docket No. VI420003RT (12/19/07) [2-pg. doc.]