Rent-Controlled Tenant Must Pay $5 Air Conditioner Surcharge

June 30, 2007

LVT Number: #19691

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent. Landlord claimed that tenant had installed an air conditioner in her apartment. The DRA ruled for landlord and increased tenant's rent by $5 per month. Tenant appealed, claiming that the air conditioner didn't protrude over the window line and therefore no rent increase was allowed. The DHCR ruled against tenant. The DHCR had notified tenant that it would inspect the apartment to check the size of tenant's air conditioner.

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent. Landlord claimed that tenant had installed an air conditioner in her apartment. The DRA ruled for landlord and increased tenant's rent by $5 per month. Tenant appealed, claiming that the air conditioner didn't protrude over the window line and therefore no rent increase was allowed. The DHCR ruled against tenant. The DHCR had notified tenant that it would inspect the apartment to check the size of tenant's air conditioner. Tenant hadn't kept the inspection appointment and showed no proof that she hadn't received the DHCR notice.

Dakas: DHCR Adm. Rev. Docket No. UH420029RT (5/3/07) [2-pg. doc.]

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