Air Conditioner Not Installed

LVT Number: 13285

Landlord applied for a rent increase based on tenant's installation of air conditioners in his apartment. The DRA ruled against landlord, and landlord appealed. The DHCR also ruled against landlord. An inspection showed that one air conditioner, in the bedroom, was within the building line. So landlord couldn't get a rent increase for that unit. Landlord also claimed there was an air conditioner in the living room. But, at the time of inspection, this unit wasn't installed. It was in a box on the floor. Tenant told the inspector the unit was broken and inoperable.

Landlord applied for a rent increase based on tenant's installation of air conditioners in his apartment. The DRA ruled against landlord, and landlord appealed. The DHCR also ruled against landlord. An inspection showed that one air conditioner, in the bedroom, was within the building line. So landlord couldn't get a rent increase for that unit. Landlord also claimed there was an air conditioner in the living room. But, at the time of inspection, this unit wasn't installed. It was in a box on the floor. Tenant told the inspector the unit was broken and inoperable. Landlord didn't submit any proof of his claim that tenant had removed the living room air conditioner from the window just before the DHCR inspection.

Subraj: DHCR Adm. Rev. Dckt. No. HJ120078RO (3/18/99) [2-pg. doc.]

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