No Waiver of Air Conditioner Surcharge Under Rent Control

Landlord applied for permission to add a surcharge to rent-controlled tenant's rent based on an air conditioner in tenant's apartment. Landlord had told tenant it would forgo the surcharge if tenant removed the unit during winter months to avoid drafts. Tenant refused, but argued that prior landlord never collected any surcharge. The DRA ruled against landlord and denied any rent increase. Landlord appealed and won. Rent and Eviction Regulations Section 2202.4 permits a $5 monthly surcharge where tenant buys and installs an air conditioner in an electrical exclusion building. There is no waiver of this surcharge under rent control, even if not previously collected. The DHCR ruled that landlord could collect the surcharge.

OZ Realty, LLC: DHCR Adm. Rev. Docket No. YG620005RO (9/22/10) [2-pg. doc.]