Landlord Can Charge for Air Conditioners

LVT Number: #20636

Landlord asked the DHCR for permission to convert from master electrical metering to direct metering, and to stop paying for tenants' electricity as part of their rent. The DRA ruled for landlord and reduced tenants' rents. Tenants appealed, claiming that the DRA's order unfairly allows landlord to charge tenants extra rent for having air conditioners that extend beyond the window line. The DHCR ruled against tenants. Landlord could no longer charge tenants the electrical surcharge permitted in electrical inclusion buildings.

Landlord asked the DHCR for permission to convert from master electrical metering to direct metering, and to stop paying for tenants' electricity as part of their rent. The DRA ruled for landlord and reduced tenants' rents. Tenants appealed, claiming that the DRA's order unfairly allows landlord to charge tenants extra rent for having air conditioners that extend beyond the window line. The DHCR ruled against tenants. Landlord could no longer charge tenants the electrical surcharge permitted in electrical inclusion buildings. But landlord could now impose any surcharge permitted for individually metered buildings. Under DHCR Operational Bulletin 84-4, landlord could now charge tenants $5 per month for each air conditioner because they paid their own electricity.

2695 East 13th Street: DHCR Adm. Rev. Docket No. UB210065RT (5/8/08) [3-pg. doc.]

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