Tenant Agreed to Increase for New Air Conditioner

LVT Number: 17756

Tenant complained that the rent-stabilized renewal lease landlord offered him was improper. He claimed that landlord included improper air conditioner charges in his new rent. The DRA ruled against tenant. Tenant appealed and lost. Landlord had replaced tenant's air conditioner with a new unit, not a reconditioned one. Landlord was entitled to a 1/40th rent increase for the new unit if tenant agreed in writing to pay the increase. Tenant had agreed to pay the increase in a prior court case, in which he was represented by an attorney.

Tenant complained that the rent-stabilized renewal lease landlord offered him was improper. He claimed that landlord included improper air conditioner charges in his new rent. The DRA ruled against tenant. Tenant appealed and lost. Landlord had replaced tenant's air conditioner with a new unit, not a reconditioned one. Landlord was entitled to a 1/40th rent increase for the new unit if tenant agreed in writing to pay the increase. Tenant had agreed to pay the increase in a prior court case, in which he was represented by an attorney. So landlord properly included the 1/40th increase in tenant's lease renewal.

Garcia: DHCR Adm. Rev. Dckt. No. SH410071RT (10/18/04) [5-pg. doc.]

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