Defective Air Conditioner

LVT Number: 11542

Tenant complained of a reduction in services based on insufficient air conditioning in his living room. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the living room air conditioner was rated at 11,500 BTUs and was sufficient to cool the room. The DHCR ruled against landlord. An inspection showed that on a day where the outside temperature was 80 degrees, the temperature of the living room air conditioner coil after 20 minutes of operation was 62 degrees. In contrast, the bedroom air conditioner temperature was 52 degrees after 20 minutes.

Tenant complained of a reduction in services based on insufficient air conditioning in his living room. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the living room air conditioner was rated at 11,500 BTUs and was sufficient to cool the room. The DHCR ruled against landlord. An inspection showed that on a day where the outside temperature was 80 degrees, the temperature of the living room air conditioner coil after 20 minutes of operation was 62 degrees. In contrast, the bedroom air conditioner temperature was 52 degrees after 20 minutes. A properly operating air conditioner is one with a temperature at the coil of 58 degrees after 15 minutes of operation when the outside temperature is 70 degrees or more.

Levenson: DHCR Adm. Rev. Dckt. No. JK410140RO (2/4/97) [2-page document]

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