Landlord Can Collect $5 Air Conditioner Surcharge from New Tenant

December 1, 1999

LVT Number: 13724

Landlord asked the DHCR if it could charge tenants the permitted $5.00 air conditioner surcharge when it had not done so in the past. In an opinion letter, the DHCR stated that landlord could charge a new tenant in an electrical exclusion building the $5.00 surcharge if tenant installed an air conditioner that protruded beyond the window line. The landlord could do so even if the surcharge wasn't billed previously in the building and might be deemed waived for other apartments.

Landlord asked the DHCR if it could charge tenants the permitted $5.00 air conditioner surcharge when it had not done so in the past. In an opinion letter, the DHCR stated that landlord could charge a new tenant in an electrical exclusion building the $5.00 surcharge if tenant installed an air conditioner that protruded beyond the window line. The landlord could do so even if the surcharge wasn't billed previously in the building and might be deemed waived for other apartments.

DHCR Opin. Ltr. by Charles Goldstein (8/10/99) [3-pg. doc.]

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