Rent-Controlled Tenant Had Six Air Conditioners

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.)

Landlord asked the DHCR to approve a rent increase for rent-controlled tenant because tenant had six air conditioners in her apartment. The DRA ruled for landlord and increased tenant’s rent by $30 per month. Tenant appealed, claiming that landlord had installed the air conditioners, so she shouldn’t be charged any increase. The DHCR ruled against tenant. Landlord denied that it had installed the air conditioners, and tenant submitted no proof that it did. Landlord showed that tenant owned six air conditioners. Landlord was allowed to collect $5 per month for each unit, beginning on the first rent payment date after the DRA ruled in landlord’s favor.

Teissonniere: DHCR Adm. Rev. Docket No. VL420006RT (3/12/08) [2-pg. doc.]