$2 Increase for Tenant-Installed Air Conditioner

LVT Number: 12831

Landlord asked the DRA for a $5 rent increase since tenant installed an air conditioner that extended beyond the window line. The DRA ruled for landlord, and tenant appealed. Tenant argued in her PAR that she had installed the air conditioner 30 years ago and that landlord had given up any right to a rent increase. The DRA ruled for tenant in part. Landlord was entitled to a rent increase for the tenant-installed air conditioner. Tenant claimed the unit had been installed before Oct. 1, 1985, and an inspection confirmed that the unit was probably that old.

Landlord asked the DRA for a $5 rent increase since tenant installed an air conditioner that extended beyond the window line. The DRA ruled for landlord, and tenant appealed. Tenant argued in her PAR that she had installed the air conditioner 30 years ago and that landlord had given up any right to a rent increase. The DRA ruled for tenant in part. Landlord was entitled to a rent increase for the tenant-installed air conditioner. Tenant claimed the unit had been installed before Oct. 1, 1985, and an inspection confirmed that the unit was probably that old. The DHCR therefore limited the rent increase to $2 per month to comply with the DHCR's Schedule of Rental Values in effect at that time.

Kochman: DHCR Adm. Rev. Dckt. No. KK120007RT (11/6/98) [3-page document]

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