Tenant's Rent Increased for Three Air Conditioners

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord
.) Landlord applied for a rent increase for a rent-controlled tenant based on tenant's installation of three air conditioners that extended beyond the window line of tenant's apartment. The DRA ruled for landlord and increased tenant's rent by $15 per month. Tenant appealed, claiming that landlord waited too long to seek the rent hike. Landlord got an MCI rent hike for rewiring the building and converting to individual electric metering in 1985. At the time of the conversion to tenant payment for electricity, landlord gave tenants the chance to have air conditioning outlets installed. In 1990, all windows in the building were replaced. At that time, landlord removed and reinstalled tenant's air conditioners. The DHCR ruled against landlord. Where tenant pays for electricity, rent-control regulations allow landlord to apply for a rent increase of $5 per month for each air conditioner that extends beyond the window line. There is no time limit to apply for the rent increase, which can only be collected going forward, not retroactively.

Korman: DHCR Adm. Rev. Docket No. VJ420009RT (3/12/08) [2-pg. doc.]