$2 Increase per Air Conditioner

Landlord applied for a rent increase based on rent-controlled tenant's installation of two air conditioners that extended beyond the window line. Electricity wasn't included in tenant's rent. Tenant admitted that she had installed the air conditioners in 1965. The DRA ruled for landlord and increased tenant's maximum rent by $10 per month, an increase of $5 for each air conditioner. Tenant appealed, claiming a waiver, since landlord hadn't sought any rent increase for 40 years. She also argued that if any increase applied, it should be at the rate in effect in 1965. The DHCR ruled for tenant in part. Landlord didn't waive the right to collect the rent increase. But the rate of the increase was $2 per month per air conditioner. This was the rule in effect in 1965, when tenant installed the air conditioners.

Marignello: DHCR Adm. Rev. Dckt. No. TB920068RT (6/29/05) [2-pg. doc.]