Tenant Can’t Challenge A/C Surcharge

Rent-stabilized tenant filed a specific rent overcharge complaint based on landlord’s collection of an air conditioner surcharge. Tenant claimed that she installed the air conditioner when she moved into the apartment in 1982 and that landlord didn’t start charging her for it until 2008. Tenant argued that landlord had waived its right to collect the surcharge. The DRA ruled against tenant, who appealed and lost. Landlord claimed that it started charging tenant for the air conditioner when it discovered the appliance in 2008. Landlord also pointed out that it had collected the surcharge for more than six years before tenant complained. The DHCR found that since tenant was paying the air conditioner surcharge on the base rent date, four years before her complaint was filed, she couldn’t change the legality of the surcharge.

Rivera: DHCR Adm. Rev. Docket No. CU610031RT (4/20/15) [3-pg. doc.]