Tenant's MCR Increased for Air Conditioner

Landlord asked the DHCR for permission to increase rent-controlled tenant's MCR by $5 per month based on tenant's installation of an air conditioner in the apartment. Electricity wasn't included in tenant's rent, and the air conditioner protruded beyond the window line. The DRA ruled for landlord and increased tenant's rent effective Sept. 1, 2012. Tenant appealed and lost. Tenant claimed that her air conditioner didn't extend beyond the window line but offered no proof. Tenant also claimed that she used the unit only during the summer months. But that didn't matter. The rent increase was set up by the DHCR to be collectible in monthly installments throughout the year.

Reyes: DHCR Adm. Rev. Docket No. AU420004RT (9/25/12) [2-pg. doc.]