No Waiver of Right to Collect Air Conditioner Surcharge from Rent-Controlled Tenant

May 31, 2007

LVT Number: 19640

Landlord applied for a rent increase, claiming rent-controlled tenant had installed two air conditioners that extended beyond the window line. Electricity wasn't included in tenant's rent. The DRA ruled for landlord in part. Inspection showed that only one of the air conditioners extended beyond the window line. The DRA granted landlord a $5.00 per month rent increase. Tenant appealed, claiming landlord had waived the right to collect the increase because he had waited too long. The DHCR ruled against tenant. The rent increase was prospective, not retroactive.

Landlord applied for a rent increase, claiming rent-controlled tenant had installed two air conditioners that extended beyond the window line. Electricity wasn't included in tenant's rent. The DRA ruled for landlord in part. Inspection showed that only one of the air conditioners extended beyond the window line. The DRA granted landlord a $5.00 per month rent increase. Tenant appealed, claiming landlord had waived the right to collect the increase because he had waited too long. The DHCR ruled against tenant. The rent increase was prospective, not retroactive. Unlike rent stabilization, there is no waiver of air conditioner surcharges under rent control.

Rodriguez: DHCR Adm. Rev. Docket No. UH420050RT (5/18/07) [2-pg. doc.]

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