$10 Increase for Two Air Conditioners

Landlord applied to the DRA for a rent surcharge based on rent-controlled tenant's use of air conditioners. The DRA ruled for landlord and ordered a $10.00 rent increase, based on tenant's use of two air conditioners that protruded beyond the window line. Tenant appealed, claiming that he'd installed the air conditioners in 1988. Since landlord didn't seek a rent increase until 1995, tenant claimed that landlord had given up the right to collect any rent increase. The DHCR ruled against tenant. Tenant admitted installing the air conditioners. Landlord was permitted to charge $5.00 per air conditioner under DHCR Operational Bulletin 84-4, Supplement No. 1. There can be no involuntary waiver of collection of the air conditioner surcharge in rent-controlled apartments.

Haddad: DHCR Adm. Rev. Dckt. No. KH420022RT (11/25/98) [2-pg. doc.]